The U.S. Constitution guarantees certain fundamental rights to those taken into custody by police officers and detained pending their release or formal charges being filed against them. These rights are stated in the Fifth, Sixth, and Eighth Amendments of the “Bill of Rights” of the United States Constitution. Although these rights do not constitute “constitutional guarantees” in the same way that free speech or free exercise of religion are, they are nonetheless rights. They can be waived by giving legitimate excuses for the waiver. If a client believes his rights have been violated, they will want to speak with a lawyer. The police have to respect your rights as much as you respect their authority.
Arrests are reasonable seizures under the Fourth Amendment and thus require probable cause. An officer does not have to have a search warrant to arrest someone. The Fourth Amendment requires that arrests be reasonable. Where an arrest is made without probable cause, the seizure may be unreasonable and therefore violates the arrested person’s rights. Arrests without a warrant are only permitted in certain situations. Police can only arrest without a warrant if they have probable cause to believe that a crime has been committed and that the person arrested is guilty of committing it. The U.S. Supreme Court has ruled that you must be informed of your Miranda rights as soon as you are taken into custody and questioned. Here we will discuss these rights in more detail.
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Contents
Right to Remain Silent
Under Miranda rights, you have the right to remain silent and cannot be forced to make any statements about what happened. The police can’t ask questions that weren’t asked at the original, initial questioning. They can’t ask follow-up questions of the same type as the initial questioning or different questions altogether. If you are arrested and questioned without being informed of your Miranda Rights, you may choose to remain silent as a legal tactic even if you want to speak. The best advice is to talk with an attorney as soon as possible. The prosecutor may try to trick you into confessing. Self-incriminating statements can be used against you in a court of law.
Right to an Attorney
An attorney will advise you of your legal rights and available options. They can also request that an officer tell them what evidence the police have on hand that would make it likely that you committed a crime. Soon after you are brought into custody and questioned, you must be told that you have the right to an attorney, and if you can’t afford one, one will be appointed for you. Your lawyer can be present at all times during questioning. An attorney can advise you whether to give a statement.
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Right to Make Several Telephone Calls
The police must allow you to make a reasonable number of telephone calls. If you don’t know anyone you can call, the police can call a local attorney or an attorney from the public defender’s office. You may ask to call your family or other non-police contacts, such as a clergy member. If you are transferred to another holding facility, you have the right to call your attorneys or family again. You may even ask to call these people multiple times. The request to communicate with the outside world can be limited if the police feel it is necessary. Several laws dictate how many telephone calls you may be allowed to make.
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Right to an Itemized Receipt for All Money and Property Taken From You
The itemized receipt must show how much money and property was taken from you, details on the items, and possession of the property taken. The police can take any items from you that they feel may be evidence in your case. Anything else they take must be documented. If you are carrying a large amount of cash, the police will most likely seize it and hold it as evidence. Your attorney can inquire about the money if it is not returned to you. If you are released, the police can keep the funds that were seized from you if there is a trial and you lose, but they must prove that it was obtained illegally. This will require a court hearing and determination before your money can be returned.
Right to Compulsory Process for Obtaining Witnesses in Your Favor
The sixth amendment grants you the right to have witnesses in your favor, in the form of people able to testify on your behalf. This right applies even if their testimony is exculpatory and therefore benefits you. The compulsory process clause compels the government to provide you with notice and the opportunity to summon witnesses in your favor. You can use these witness statements to help prove your innocence at a trial.
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Right to a Speedy Trial
Police should not hold you for excessive time without being booked and charged. The maximum amount of time prosecutors and police can keep you is about 48 hours, excluding weekends, holidays, and the amount of time it takes to go to the courthouse. If the police exceed this, your attorney may go to a judge and obtain a habeas corpus hearing. The hearing will determine the validity of your detainment and whether or not you are being held unlawfully. You must be brought before a judge immediately after requesting a habeas corpus hearing.
Right to Know the Charges Against You
After the police have booked you, your charges should be written down in detail. The charges must be specific and not general. You have the right to have the exact charge against you and to be informed of these charges at the earliest possible time, including all supporting details. They must be provided to your attorney and you as soon as possible. If you are unsure about the information of your charges, ask for clarification from your lawyer or an officer.
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Just because someone is in custody does not mean they have no more rights. These rights are strictly adhered to. If any law enforcement official tramples on them, your attorney can go to a judge and get a ruling on the validity of the arrest and subsequent detainment. If a judge determines that police have violated your rights, you can be released from custody at that time. Many laws protect a person’s rights as a criminal suspect or prisoner. If you need help finding out what laws apply to you, contact Stronely Law for legal advice. Their licensed attorneys will listen to your case and give you the best legal advice.
