If you or someone you care about is arrested, the scenario will be perplexing and upsetting. With these heightened emotions, it's hard to make sound decisions. Furthermore, the average individual is not well versed in the law, which can result in errors or an unintentional waiver of their rights.
According to affordablecriminaldefense.com, you should be aware of your rights, especially if you or a family member is facing arrest. To help you plan for that scenario, you need to know your rights when you are arrested.
When Can Officers of the Law Arrest Me?
Only under certain circumstances could a police officer arrest you. If the authorities suspect you committed a crime or have a warrant out for your arrest, they can arrest you. Moreover, police can lawfully arrest you if they assume you are mentally ill and will cause serious harm to yourself or others.
If you have not been arrested, you don’t need to go with police officers or answer their questions.
Regarding an arrest, the police must inform you that you have been arrested and explain why you have been arrested. Because it is a separate charge, resisting arrest is never a good idea. Even if you think the arrest is unjust, do not resist. Interactions with police officers should be calm and respectful.
If you have kids or require meds, make emergency procedures. Also, you and your family should be prepared with a lawyer's phone number.
What Are the Arrest Procedures?
The police are lawfully required to follow specific procedures during the arrest of a suspect to ensure that everyone receives justice. You cannot be mistreated, nor can your rights be denied or violated.
If the police do not have a search warrant, you are not required to allow them to search you, your belongings, your home, or your car. They have the authority to search you if they believe you have something on you or in your direct proximity that might present a danger to them. They have no power to check you or your property unless you permit them.
If the police want to speak with you after you've been arrested, they must read you your Miranda rights. If the officer uses violence or other methods to get you to talk, this is viewed as coercion and a violation of your "right to remain silent."
You have the right to legal representation on the scene or at the police station, so you should request to speak with an attorney. If you don't have one, the government has to provide one. You should not be compelled to give answers if an attorney is not present. You do not have to answer any questions the officers ask before your attorney arrives.
When you speak to your lawyer, the police are not permitted to listen in on the conversation. When the police arrest you, they are generally not allowed to use force; however, the police may use "all necessary and proper force" if the suspect resists arrest.
This definition appears to be subjective. However, police have no right to use force on you if you are calm and are not resisting or obstructing the officers. Even if you are resisting arrest, the amount of power used cannot be excessive in comparison to your level of resistance.
Authorities are not allowed to be violent with you if you are unarmed and only argue with the officer without posing any real risk. Some of the banned methods include punching, suffocating, and kicking.
If You Believe Your Rights Have Been Violated, Contact a Lawyer
Write down everything you recall, including the officers' badge number and patrol car numbers, as well as their precinct. Obtain the contact details for any witnesses. Take pictures of your wounds if you are injured.
Complain in writing to the agency's internal affairs department or civilian complaint board. If you prefer, you can make a complaint confidentially in most cases. Contact a lawyer and discuss your case.