Arrest Info. – Criminal Defense Lawyers

Criminal Defense Lawyers Can Help if You are Arrested

LawInfo Lead Counsel qualified criminal law lawyers are experienced and specialize in criminal defense for a variety of charges.  They also know what rights a person has after they are arrested.  In some cases, the arresting officer may not have had the proper evidence or probable cause necessary to arrest a citizen in the first place.  Only a qualified attorney has the requisite training to dispute the constitutionality of a particular arrest or seizure of evidence.

Under what circumstances can a person be arrested?

Any law enforcement officer such as a policeman, sheriff, deputy sheriff, highway patrol officer or state trooper can lawfully make an arrest.  The arrest may be made with a warrant or, under certain circumstances, without one.  Contrary to popular belief, Hollywood movies and TV shows, a police officer does not necessarily have to use physical force or handcuffs to arrest someone.  The police officer can simply tell the suspect, "you are under arrest," and if the suspect submits to the police authority the arrest is complete even though neither physical force nor handcuffs were used to subdue the suspect.  The key to an arrest is that the person is taken into police custody (whether with or without force and handcuffs) and is no longer free to leave.

A law enforcement officer can lawfully make an arrest when:

• He or she personally observes the crime.  For example, if the law enforcement officer actually witnesses someone snatch a lady’s purse, he or she can pursue the suspect and place that person under arrest.
• He or she has probable cause to arrest the suspect.  For example, a person was hit by a man with a baseball bat.  The officer finds a man with a baseball bat that fits the description of the one who committed the battery.  The officer can then arrest the man and take him into custody. Probable cause refers to a set of facts or observations that would allow a police officer or judge conclude that there is a reasonable likelihood that the person is suspected of breaking the law.
• He or she has a valid warrant to arrest a person.  An arrest warrant is a legal document issued by a judge or magistrate, which typically identifies the crime(s) committed, identifies the person(s) suspected of committing the crime, specifies the location(s) where the person(s) may be found and gives law enforcement officers permission to arrest the person(s) identified in the warrant.

Instead of taking the accused into custody, the officer may instead issue a summons or notice to appear in court.  If the accused fails to appear, a warrant may be issued for his or her arrest by a judge if there is proof of service, or evidence that the accused received the summons or notice and failed to appear.

Can a citizen arrest me?

Yes, under certain circumstances, citizens can also place a person under arrest and hold that person until law enforcement officers arrive.  This is known as a "citizen’s arrest."  The law permits a citizen to detain, or place under arrest, any person who commits or attempts to commit a criminal offense (other than an ordinance violation) in that citizen’s presence.  All the citizen making the arrest has to do is prevent the accused from leaving until law enforcement officers arrive to take the accused into custody.

What do I do if I am arrested?

If you are arrested, submit to the law enforcement officer.  Do not resist, even if you are innocent.  Your innocence does not make the arrest illegal as long as the officer has conformed to the requirements of a legal arrest.  If you resist, even if you are innocent of the charges for which you are arrested, you could be charged with resisting arrest.  If the officer does not conform to the requirements of a legal arrest, you should still allow yourself to be taken into custody without resistance.  If this happens, you may be entitled to bring an action against the law enforcement officer for false arrest.

Once you’ve been taken into custody, the law enforcement officer has a right to search your person and the area in your immediate presence.  Do not resist.  Even if you are simply stopped and the officer does not arrest you, he or she can still search you and the area in your immediate presence for weapons if he or she has reasonable grounds to suspect that you may attack him, her or another person.

What rights do I have when I've been arrested?

If you have been arrested you have basic Constitutional rights, as follows:

The Fourth Amendment to the U.S. Constitution "Bill of Rights" protects personal privacy, and every citizen’s right to be free from unreasonable government intrusion into their persons, homes, businesses, and property.  The laws under the Fourth Amendment provide legal safeguards to individuals during searches and detentions, and prevent unlawfully seized items from being used as evidence in criminal cases.

If your rights under the 4th Amendment of the Constitution are violated, any evidence that was unlawfully seized generally cannot be used against you in the court of law.  For example, if your house was searched when you did not give consent for it to be searched and the police did not have a valid search warrant, any evidence that was obtained as a result of the search cannot be used against you.

When you are arrested, you must also be informed of your "Miranda rights":

• You have the Constitutional right to remain silent;
• Anything you say can be held against you in the court of law;
• You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you; and
• If you choose, you may have a lawyer present during interrogation.

In addition to advising you of your Miranda rights upon arrest, the arresting authorities must respect these rights during an investigation.  For example, you cannot legally be required or forced by a law enforcement officer or any one else to talk, answer questions, or sign any papers.  If you are forced to give incriminating information due to threats, persistent questioning or other means of coercion, you can prevent its use against you in court.  However, if the officer simply neglects to inform you of your Miranda rights, but does not otherwise engage in threats, persistent questioning or other means of coercion, what you say could still potentially be used against you in court. Check with a criminal law lawyer for more details.

Other rights you have if you are placed under arrest can be found in the Fifth, Sixth and Eight Constitutional Amendments of the "Bill of Rights," which are summarized as follows:

• "No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law…" (Fifth Amendment)
• "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense." (Sixth Amendment)
• "Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted." (Eighth Amendment)

In addition to these rights, there are also rights that each state has to grant you under the 14th Amendment of the Constitutional Bill of Rights, which provides: "No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States . . ."

Should I hire a lawyer?

If you have been arrested and charged with a crime, contact a criminal defense lawyer immediately.  While you do have certain rights, the police can still coerce you into confessing or incriminating yourself.  If they are able to get incriminating evidence by these means, anything you say can be used in court against you.  Your best bet is to keep silent and politely let them know that you want a lawyer present.  Then, contact a Lead Counsel criminal defense attorney.  An experienced criminal defense attorney will assure that your legal rights are protected.