What Are My Rights if I Am Arrested?

An arrest can be embarrassing and frightening. You can be put into handcuffs and booked into jail like a common criminal. It may take days before you get your day in court. You should know your rights after an arrest to ensure you aren’t punished for something you didn’t do.

The criminal court process is different, depending on the jurisdiction. For more information about your legal rights, talk to an experienced criminal defense attorney.

What Are My Constitutional Rights After an Arrest?

The U.S. Constitution has several legal protections for citizens to make sure they get due process under the law. These rights start even before an arrest. You have other rights that protect you in your interactions with the arresting officer. Before a criminal conviction, you are innocent until proven guilty. Some of your constitutional rights include:

• The right to remain silent
• The right to an attorney
• The right to a speedy and just trial
• The right to know the nature of the criminal charges
• Protection from unreasonable search and seizure

The Right to Remain Silent

Many people are aware of their rights based on television shows and movies. Criminal suspects are read their Miranda rights. Miranda warnings come from a U.S. Supreme Court case, Miranda v. Arizona. Based on this court case, suspects have the right to be informed of their Fifth Amendment rights during a police interrogation.

The right to remain silent is based on the Fifth Amendment protection against self-incrimination. If you think that saying something will make you look guilty, you can remain silent. This right kicks in if you are in police custody.

Just because you don’t get Mirandized doesn’t mean you will automatically win your case. Your Miranda rights relate to police questioning. For example, if a police officer arrests you for drunk driving, they may not need your admission to prosecute the DUI charge.

The Right to an Attorney Before Questioning

The Sixth Amendment to the Constitution gives you the right to counsel in a criminal case. You have the right to an attorney after an arrest. If you can’t afford an attorney, you can have a public defender appointed to represent you.

Police officers are trained in questioning suspects. If you waive your right to have a lawyer present, they may try to get you to say something they can use against you in a court of law. To be safe, ask for a lawyer as soon as you are arrested or booked in the police station. If a law enforcement officer just wants to talk, you can still ask to have your attorney present.

Protection Against Unlawful Search and Seizure

The Fourth Amendment protects you against unreasonable search and seizure. The police can’t search your private property without a search warrant, with limited exceptions. To get a search warrant, the police need to show probable cause and get the warrant signed by a judge.

If the police do an illegal search, your attorney can file a motion to keep the evidence out of court. The police should not be able to benefit from evidence gathered illegally. A motion to suppress can make this evidence inadmissible. Without the evidence, the district attorney may have to drop the charges.

When Can You Get Released From Jail?

After an arrest, you have the right to a speedy trial. This includes the right to know the charges against you and appear before a judge. A first appearance after an arrest has to happen within a reasonable time. The amount of time depends on state law, but most states require an appearance within 48 hours after arrest.

After an arraignment or first appearance, the judge can determine if you qualify for release and the conditions of release. If you are not a flight risk or threat to public safety, you may be able to get out on your own recognizance. Other courts may require you to post bond or bail for release.

When Should You Contact a Criminal Defense Attorney?

You can contact a criminal defense lawyer even before an arrest. If you learn of a police investigation, see about getting legal representation before interacting with the police. You can have your lawyer present during questioning with police officers. After an arrest, a police officer can help you get out of jail and prepare your case for trial.

The criminal court process is different in every state. For more information about your criminal case, contact a local criminal defense lawyer for legal advice.