What are your rights upon arrest?
Although many articles and TV shows discuss a wide range of legal matters, many people are still not aware of their rights when arrested and taken to jail. Knowing your rights in such a situation is vital to your safety.
The police might recite the so-called Miranda rights when arresting you, but they don’t really explain what those rights actually mean. It is up to you to know what each right corresponds to, so you can use it to navigate your situation. You don’t want to be one of those people who find themselves in hot water, only to realize that things could have been very different if only they had known better.
The biggest reason why you need to be fully aware of your rights is to be able to protect yourself. As long as you know your rights, it is impossible for anyone to take advantage of you without breaking the law.
Here are your various rights when detained and taken to prison:
Right to Stay Silent
Remaining silent is one of the best things you can do when you are detained. There are some questions you can answer, such as when the arresting officer asks your name. However, for the most part, you should stay silent and ask for an attorney. Remember that falsifying your name can put you in more legal jeopardy.
Right to an Attorney
Even if you don’t have a personal lawyer or cannot afford one, the officers should help you get one upon your request. If you can’t afford the legal fees, you might still be eligible for a public defender. This would depend on the rules and regulations in your state.
Right to Bail
Your right to bail is protected under the Bill of Rights as long as granting bail is proper in your case. The law presumes that you are innocent until proven guilty. The bail should not be excessive nor should it be attached to unreasonable conditions. Click here to know how to go about it.
You can only be held for a maximum of 24 or 36 hours depending on your state before you are either released or charged with a crime. There are a few exceptions, such as when you are facing a more severe charge of murder. The terrorism act also allows the police to hold a suspect for 14 days if arrested on suspicion of terrorism-related activities.
Under the Miranda rights, your arresting officers are supposed to make you aware of specific facts before they question you. These include your right to remain silent and the right to an attorney. They should also tell you that you can be provided with an attorney if you can’t afford one.
Your ignorance of the law and your rights might cause you unnecessary suffering when you are arrested and taken to jail. That is why it is always important to be aware of what your rights are so that no one takes advantage of you in such a situation.