An arrest is a legal process whereby a person is taken into custody by law enforcement in order to be charged with a crime. Once you are arrested, you will be read your Miranda rights, which inform you of your right to remain silent and to have an attorney present during questioning. You should exercise these rights if you are arrested.
An arrested person has the right:
- To be informed promptly, in language that the person understands, of:
- The reason for the arrest;
- The right to remain silent; and
- The consequences of not remaining silent;
- To remain silent;
- To communicate with an advocate and other persons whose assistance is necessary;
- Not to be compelled to make any confession or admission that could be used in evidence against the person;
- To be held separately from persons who are serving a sentence;
- To be brought before a court as soon as reasonably possible, but not later than:
- Forty-Eight hours after being arrested; or
- If the Forty Eight hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
- At the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
- To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.
Rights of an Arrested Persons
If you are arrested, it is important to know what your rights are. You may be feeling scared and overwhelmed, but it is important to remember that you have rights that must be respected.
In this blog post, we will discuss the rights of an arrested person and what to expect after being taken into custody. We will also provide tips on how to protect your rights during and after the arrest process.
What is an Arrest?
An arrest is a legal process whereby a person is taken into custody by law enforcement in order to be charged with a crime. Once you are arrested, you will be read your Miranda rights, which inform you of your right to remain silent and to have an attorney present during questioning. You should exercise these rights if you are arrested.
After you are arrested, you will likely be transported to a police station or county jail for booking. During booking, you will be photographed and fingerprinted. You will also be asked to provide identifying information, such as your name, date of birth, and address. You may also be searched at this time.
Once you have been booked, you will usually appear before a judge within 24 hours. The judge will determine whether there is probable cause to believe that you committed a crime. If the judge finds probable cause, you will be formally charged with a crime and your case will proceed to trial. If the judge does not find probable cause, you will be released from custody.
It is important to remember that, even if you are arrested, you are presumed innocent until proven guilty. You have the right to an attorney and the right to remain silent. Do not say anything to law enforcement without an attorney present. Anything you say can and will be used against you in court.
Miranda Rights
Miranda Rights were first developed or pronounced in the case of Miranda v. Arizona in 1966. The basis for these rights come from the Fifth and Sixth Amendments to the United States Constitution.
The Fifth Amendment protects citizens from self-incrimination, meaning that no one can be forced to incriminate themselves. This amendment also provides for due process of law and protection against double jeopardy or being tried twice for the same crime.
The Sixth Amendment guarantees a speedy and public trial by an impartial jury in criminal cases. It also states that defendants have the right to know what charges have been brought against them, and to be confronted with witnesses who testify against them.
In order to ensure that these constitutional rights are met, police officers are required to read suspects their Miranda Rights when they are taken into custody and before they are interrogated.
The Miranda Rights are as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
It is important to know that Miranda Rights only need to be read when a suspect is in police custody and is being interrogated by officers. They do not need to be read if a suspect volunteers information or if the officers ask questions that are not part of the interrogation process.
After you are placed under arrest, the police are required to read you your Miranda rights. These rights include:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have a court-appointed attorney if you cannot afford one
- The right to stop the interrogation at any time.
It is important that you understand these rights and exercise them if you are arrested. Anything you say can and will be used against you in a court of law. If you cannot afford an attorney, one will be appointed for you. You have the right to stop the interrogation at any time and ask for an attorney. It is important that you understand your Miranda rights and exercise them if necessary.
The Right to be Free from Unreasonable Searches and Seizures
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by the government. This means that the police cannot stop you or search you without a good reason.
If the police stop you on the street, they must have a “reasonable suspicion” that you have committed, are committing, or are about to commit a crime. If they want to search your person or your property, they must have a “probable cause” to believe that they will find evidence of a crime.
Probable cause is defined as more than a hunch or gut feeling – there must be specific and articulable facts which justify the search. For example, if an officer smells marijuana coming from your car, this would be probable cause to search your vehicle.
If the police stop you and frisk you, they are only allowed to pat down the outside of your clothing. They are not allowed to reach into your pockets or grab anything from you without probable cause.
If the police have a warrant to search your property, they must show it to you before they begin the search. If they do not have a warrant, you can refuse to let them in. However, if they believe that there is evidence of a crime inside, they may forcefully enter your home.
Right to Bail
After you have been arrested and processed, you will have the opportunity to post bail. Bail is a set amount of money that is paid to the court in order to secure your release from jail until your trial date.
The amount of bail is determined by the crime you are accused of, your criminal history, and whether or not you are considered a flight risk. If the judge believes that you are likely to flee before your trial, they may set a higher bail amount or deny bail altogether.
If you are unable to post bail, you will remain in jail until your trial date. In some cases, defendants may be eligible for pretrial services which allow them to be released on their own recognizance or with conditions such as drug testing or GPS monitoring.
If you are released on bail, it is important to show up for your court date. If you do not, the court will issue a warrant for your arrest and you may forfeit the money that was paid for your bail.
Right to Be Arraigned In Court at The Earliest Opportunity
After you have been arrested, you have the right to be arraigned in court within a reasonable amount of time which is normally within 48 hours. During your arraignment, the judge will inform you of the charges against you and ask how you plead. You can plead guilty, not guilty, or no contest.
If you plead guilty, the judge will sentence you immediately. If you plead not guilty or no contest, the judge will set a date for your trial.
At your arraignment, you also have the right to request an attorney if one has not already been appointed for you by the court. If you cannot afford an attorney, one will be provided for you at no cost.
The Offence Must be Prescribed by Law
You can only be arrested and tried for a crime if it is prescribed by law. This means that the police cannot arrest you for made-up charges or punishments. All crimes have specific penalties that are set by law.
For example, the punishment for shoplifting in California is a fine of up to $1000 and/or imprisonment in county jail for up to six months. If you are convicted of shoplifting, you cannot be sentenced to more than six months in jail or fined more than $1000.
If you are arrested for a crime that is not prescribed by law, you have the right to be released immediately.
Right to Trial by a Jury if Charged with a Crime Punishable by Imprisonment
If you are charged with a crime that is punishable by imprisonment, you have the right to a trial by a jury. This means that your case will be decided by a group of your peers instead of a judge.
Jury trials can be waived if both the prosecutor and defense attorney agree to have the case tried by a judge. If you do not want to waive your right to a jury trial, you must notify the court in writing.
At your jury trial, the prosecution will present their evidence against you and the jury will decide whether or not you are guilty beyond a reasonable doubt. If they find you guilty, they will also decide what your punishment will be.
The Right to Be Presumed Innocent Until Proven Guilty
One of the most important rights you have when facing criminal charges is the right to be presumed innocent until proven guilty. This means that the prosecution bears the burden of proving your guilt beyond a reasonable doubt.
This is a high standard and it exists to protect defendants from being convicted of crimes they did not commit. If the jury has any doubts about your guilt, they must find you not guilty.
This right also extends to pretrial proceedings such as bail hearings and grand jury proceedings. You are entitled to have your bail set at a reasonable amount and to have the charges against you dismissed if there is not enough evidence to proceed with a trial.
Freedom from Detention and Torture
You have the right to freedom from detention and torture. This means that you cannot be held in jail without being charged with a crime and you cannot be tortured or mistreated while in custody.
If you are detained, you must be given a reason for your detention in writing within 24 hours. You also have the right to contact an attorney as soon as possible.
If you are tortured or mistreated while in custody, you can file a complaint with the police department or district attorney’s office. You can also file a civil lawsuit against the person who committed the act of torture or mistreatment.
Are Rights of an Arrested Person Absolute Rights?
No, your rights as an arrested person are not absolute. The police can place certain restrictions on your rights, depending on the circumstances of your arrest.
For example, if the police believe you pose a danger to yourself or others, they may place you in handcuffs or search you for weapons. If the police have probable cause to believe that you have committed a crime, they may search you and your belongings for evidence.
Police Sweeping Powers and the Rights of an Arrested Persons
The police have sweeping powers when it comes to making arrests. They can arrest you for a wide variety of reasons, including suspicion of a crime, outstanding warrants, or violating the terms of your probation or parole.
Once you are in custody, the police can search you and your belongings without a warrant. They can also question you about your alleged involvement in a crime.
In as much as you have your rights, the police also have the responsibility as the custodians of the law and protectors of lives and property. The terms “reasonable suspicion” and “probable cause” comes in is when the police are about to arrest you.
The law stipulates that the police can only arrest you if they have reasonable suspicion that you have committed a crime or if they have probable cause to believe that you have committed a crime.
There are no sanctions, compensation or recourse if the police are wrong in their “reasonable suspicion” and “probable cause” to arrest you. The only time that the police can be held liable for a wrongful arrest is if the arrest was marred with abuse of power, ill motive or excessive and unwarranted force.
In that case, you have recourse in the form of filing a complaint or suing the police for damages.
What to do When You are Arrested
If you are arrested, the first thing you should do is remain calm and ask to speak to a lawyer. You have the right to remain silent and anything you say can be used against you in court. You also have the right to an attorney and if you cannot afford one, one will be provided for you.
Do not resist arrest, even if you believe you are innocent. Resisting arrest can lead to additional charges being filed against you.
Remain calm and ask to speak with an attorney as soon as possible after being taken into custody. If necessary, request that a public defender be appointed to represent you. In most cases, it is best not to say anything until your lawyer is present. Be polite and respectful to the officers, but do not answer any questions or make any statements until your lawyer is present.
Conclusion
If you are arrested, it is important to know your rights. You have the right to remain silent, the right to an attorney, and the right to a fair trial. These rights are guaranteed by the Constitution and cannot be taken away from you.
If you are arrested, exercise your rights and contact an experienced criminal defense attorney who can help you navigate the criminal justice system and protect your rights.
Disclaimer
The content above is for informational purposes only and should not be construed as legal advice. Always consult with an experienced criminal defense attorney if you have questions about your specific situation.