The Rights of an Arrested Person

You hold certain rights that protect you from forceful, unfair, and coercive treatment when you get arrested. After an individual is under police custody, the officers read them their Miranda rights. It is important to know your rights to assert them if necessary. Here are some fundamental rights you should exercise immediately or expect to receive once under police custody.

The Right to Remain Silent

This right is one of the most well-known rights of an arrested person. This right comes from the Constitution's Fifth Amendment, which protects people from self-incrimination. An arrested person does not have to answer any questions from the police or prosecutors. It is important to exercise this right, as anything an arrested person says can and will be used against them in court.

To secure your right to remain silent, you should say aloud, "I am exercising my right to remain silent. I do not want to answer any questions." You should stay calm and polite to ensure you do not get entrapped, coerced, or convinced to forfeit your right to remain silent. Do not argue with the police. Do not speak to your family, friends, or fellow inmates. Also, do not say anything the officers could construe as an admission of guilt.

The Right to an Attorney

The right to an attorney comes from the Sixth Amendment of the Constitution, which guarantees people the right to legal representation. An attorney can help an arrested person understand the charges against them and can help them navigate the criminal justice system.

The Right to Consent a Search

When an arresting officer in the United States asks to search you or your belongings, you have the right to refuse the search. This right comes from the Fourth Amendment of the United States Constitution.

If you do not want the officer to search you or your belongings, you should say so clearly and calmly. You can also ask the officer if you are free to leave. If the officer says yes, you should exit immediately. If the officer says no, you should remain calm and ask to speak to a lawyer.

However, remember a few things if you find yourself in this situation. First, you should never physically resist an officer trying to search you or your belongings. It will only escalate the situation and could result in you being charged with a crime.

Second, you should be aware that the officer may still search you or your belongings if the officer has probable cause to believe that you are hiding something illegal. Finally, you should never lie to an officer about whether you have something illegal in your possession. Lying to a police officer is a crime and will only worsen the situation.

The Right to a Speedy and Fair Trial

This right comes from the Sixth Amendment, which guarantees people the right to a fair and speedy trial. Thus, police officers should not retain the arrested person for extended periods and must ensure they get notified of their court date as soon as possible.

The Right to Due Process of the Law

Due process of law is a right guaranteed by the Fifth and Fourteenth Amendments of the Constitution. This right protects people that might get denied their life, liberty, or property without due process of law. Thus, an arrested person has the right to a fair and impartial trial.

You should ask for an attorney as soon as possible after you are arrested. Your attorney can help ensure you receive fair representation and counsel as you navigate your arrest and arraignment. Contact us at James W. Bodiford, Jr., Law Office if you need legal representation.