What Are Your Rights When Arrested?

No one wants to end up in police custody. Getting legal help from a lawyer is essential if you are arrested because an attorney understands and empathizes with the multitude of issues and experiences the victim has to go through. Nowadays, it is very easy to access the coordinates of a Miami criminal defense attorney, who can offer you professional legal guidance that will help you a long way.

In arrest situations, law enforcement officers have the duty during such a process to treat every person fairly, no matter their race, nation, or religious beliefs. The officers have to advise the suspect of their constitutional rights before questioning them. The defendant can be protected from the beginning under the protection of Miranda Rights.

Getting Arrested

The police must recite the Miranda Rights when a suspect is taken into custody. They need to inform you of your right to remain silent until a lawyer is present before any interrogation is conducted. You do not have to be handcuffed and hauled off to jail or the police station in order to be "in custody."

A person is "in custody" when they are arrested or when their freedom of movement is significantly restricted to the degree associated with a formal arrest. This determination is made in light of all the circumstances surrounding the encounter with the police. If a reasonable person would not feel free to walk away, then the suspect was in custody, and Miranda Rights apply. But what do Miranda Rights actually mean?

In 1966, in the case of Miranda versus Arizona, the Supreme Court held that the police must advise a suspect in custody about their constitutional rights. You have surely heard countless times in police movies about these rights secured by the Fifth and Sixth Amendments to the Constitution, but what is their meaning?

The Right to Remain Silent

At the arrested moment, you have to speak up to invoke your right to remain silent under the fifth amendment of the United States Constitution. It would be best if you said, for example: "I wish to remain silent. I have nothing to say. I do not want to answer any questions. I do not want to talk until I have spoken to a lawyer." Silence- even prolonged silence- is not enough to invoke your right to remain silent. It would be best if you spoke up and unambiguously announced that you would not speak to the officers.

The Right Not to Make Any Self-Incriminating Statement

With a calm and conciliatory attitude, you must decide to be quite known. This decision can make a huge difference in protecting individuals against self-incrimination. Otherwise, what you can say becomes evidence in a trial against you at a court of law. If you are arrested, it's important not to resist the arrest, even if you think it is unfair. This can be used against you, as it is seen as an incriminating act.

The best time to assert your rights is immediately after the Miranda rights are presented to you. You may, though, assert these rights at any time during police questioning, even if you have already answered some questions or made other statements. That is why it is necessary to quickly request access to an attorney because a criminal defense attorney will provide a robust defense and make sure that you don't say anything that can incriminate you at the trial.

The Right to an Attorney

The second you have contact with a police officer after you are brought in for questioning is to state that you would like an attorney calmly. That one statement triggers a set of powerful constitutional protections for you.

If you cannot afford an attorney, one will be provided to you at no cost. Once you say the word "attorney," the police must stop questioning you. Your request for a lawyer is your constitutional right. Do not give any explanation or pretext, say nothing, sign anything or make any decision without a lawyer.

You have the right to make one local call; if you still need to do it, now is the time to call a lawyer. An attorney can make a big difference in your case because they can get the charges against you reduced or dismissed. So, contact an attorney as soon as you're allowed to after you've been arrested. After an arrest, the best thing you can do is to be proactive about your case, keep your mental balance and let your attorney explore every possible option available for your defense.

By ML Staff. Images courtesy of Servet photograph/Unsplash. Silenc eimage by 青 晨, Statue image by Wesley Tingey/Unsplash