Have an impending offense? Are you innocent but have been arrested? If you fall into these categories, it is vital that you know your rights when navigating the space of law. This knowledge will protect you from incriminating yourself or spending more time in jail than you should.
In the eyes of the law, you are innocent until proven guilty with evidence. The law protects you from self-incrimination and provides other benefits, ensuring justice prevails. This article will detail the five rights that you have after being arrested by the police.
Right One: The Right to Remain Silent
This point is included in the Miranda rights that the police will recite to you after your arrest. Your right to remain silent ensures that you do not say anything that may incriminate yourself. You should know that no matter the question asked during your interrogation, if you feel that it may lead to self-incrimination, you reserve the right not to answer.
Right Two: The Right to Have an Attorney Present
During police interrogation, you may remain silent to protect yourself against self-incrimination. However, you may need an attorney to guide you in questions you should not answer, the ones that may lead to self-incrimination, and the ones that you may answer.
Also, the attorney can step in whenever they see that the police are stepping out of the provisions of the law. You may not understand the law enough to know when the police are stepping out of line.
In recognition of this, as part of your Miranda rights, you have the right to have an attorney present during police interrogation. It is essential that immediately after your arrest, you ask for your lawyer. You may choose to remain silent until your lawyer arrives. Further, the law also recognizes that you may not have money to afford a lawyer. You have the right to get a public defender assigned to you and you can remind the police of your right to a lawyer before you say anything.
Right Three: The Right to a Quick Trial
People may get remanded in prison and not face a judge for a long time, thus forcing them to stay in jail without sentencing. Unfortunately, the amount of time spent in jail without sentencing does not affect your potential jail time when it is your turn to be sentenced.
“That is why you have a right to a speedy trial. This right includes the right to know your offense and why the police have arrested you before your court date. It is to ensure that you have time to prepare your defense in court and ensure a just trial,” says West Palm Beach drug lawyer Douglas I. Leifert of Leifert & Leifert.
According to the law, the police can only detain a person for 48 hours to find evidence and arrange their appearance in court. If not, the police may release the person.
Right Four: The Right to Know Your Offence
Immediately after arrest or even during your arrest, the police may read out your offense to you. That is because the law grants you the right to know your offense to prepare a defense and ensure a just trial.
Knowing this right, your lawyer may then build up a case to help you in court. When you appear in court within the stipulated 48-hour timeline, a judge makes a decision after hearing from the prosecutor and your lawyer on whether you can post bail, continue in prison, or be released.
Right Five: The Right to Deny Unlawful Search and Seizure
You should know that even though the police can arrest you, they do not have the right to search your property without a court warrant. This ensures a police investigation and avoids police misconduct in your case.
The police must prove probable cause before the court can grant a search and seizure warrant. Your attorney can quickly get any evidence from unlawful search and seizure thrown out in court.
This will likely derail the entire prosecution’s case. Thus, if the police unlawfully attempt to search your private property, you have the right to object. Should the police still do so, you should inform your lawyer immediately.
The Role of an Attorney
Attorneys have a significant knowledge of the law that can aid you in your case. They understand your rights, how to file for motions, and when the police investigation is stepping out of the law’s boundaries. It is vital to demand a lawyer immediately after your arrest. You should have a lawyer during police interrogation and for your appearance in court.
Also Read: 5 Fundamental Women Rights in the USA you should know
