Many people are unsure of what to do when they’re about to be arrested. The situation is likely to be frightening regardless of whether they have been arrested before. Likewise, few people know exactly what their rights are at that moment. If you’re about to be arrested, it helps to understand your constitutional rights.
Right to Remain Silent
The 5th Amendment to the U.S. Constitution was written to protect people from divulging information they might not wish to. It prevents you from self-incrimination, meaning you have the right to say absolutely nothing to the police if you’re under arrest. However, if you attempted to remain silent in the face of police questioning and were forced or coerced into speaking, your rights have been violated.
Right to Hear Your Miranda Rights
The case of Miranda vs. Arizona clarified that law enforcement has an obligation to Mirandize you if they intend to interrogate you later. This means they are obligated to read you your constitutional rights when they place you under arrest for a crime they suspect you of committing. If you’ve ever seen a police procedural show, the Miranda warning usually begins with “You have the right to remain silent.” However, they do not have to give you a Miranda warning if they don’t intend to later ask you questions at the station regarding a potential crime.
Right to an Attorney
If you are placed under arrest, you are absolutely allowed to have a lawyer present with you during an investigation. Defense attorneys are necessary to ensure you don’t accidentally incriminate yourself by saying the wrong thing. If you are not allowed to speak to an attorney before you are interrogated, your rights might have been violated.
If you have been accused of a crime, don’t hesitate to speak to one of our skilled Michigan criminal defense lawyers about your case as soon as possible. White Law PLLC is dedicated to helping our clients defend their rights and freedom. Let us see what we can do for you.
Contact us at (517) 316-1195 or fill out our online form to schedule a free case consultation today.