Getting arrested is quite terrifying. The police are a powerful force; however, the law provides you with some protections and rights during an arrest. The police may not tell you everything, and if you do not know your rights, you can be at a disadvantage. Thankfully, a criminal defense attorney can guide you through the complex legal process. They can look into your arrest to determine if your rights have been violated and use their findings to weaken the prosecution’s case. Below are things you should be aware of during an arrest:
Your Miranda Rights
When you interact with the police, remember that you cannot be forced to speak up. Your Miranda Rights grant you the right to remain silent. During an arrest, the arresting officer should inform you of this right along with your right to legal representation. But the policy may still talk to you to try to get you to say something that can be used against you. To avoid incriminating yourself during such interactions, exercise your right to stay silent and request a defense attorney.
The Police May Lie to You
During questioning, the police can lie to you without legal issues. They are trained to get information by all means, including deception. The officer may tell you they have collected evidence against your case. The police will use this tactic, hoping that you will panic and confess. Having an attorney by your side while being questioned by the police will ensure you do not fall into such traps. Your defense attorney will make sure your rights are protected during the interrogation process.
You Can Refuse a Search
During a traffic stop or arrest, a police officer may ask you to permit them to search your home, vehicle, or possessions. But you can refuse this request unless the police have probable cause or a valid search warrant. Keep in mind that any evidence the police can find can be used against your case in court.
You Can Question Your Arrest’s Legality
If the police violated your constitutional rights or did not have probable cause during your arrest, your attorney can request the dismissal of the charges against you. Your attorney can examine your arrest’s details to know if your rights were violated.
You Do Not Have to Submit to a Field Sobriety Test
After a pullover for a possible DUI, you may be asked to do a field sobriety test. Although the law requires you to submit to blood or breath tests, you do not have a legal obligation to do field sobriety tests. Such tests are subjective. If you fail these tests, the result can be used against your DUI case.
It’s Your Right to Have a Lawyer During Questioning
After an arrest, the arresting officer should tell you that you have a right to a lawyer. But the officer may continue to question you before you can speak with an attorney. Once you ask for an attorney, the officer should stop the questioning until your attorney is present. Your defense attorney will protect your rights and prevent you from saying something that can jeopardize your defense.
Understanding your legal rights when arrested by the police is crucial to making sure your case gets the best outcome. The police may not inform you of your rights, so it’s important to have an experienced attorney on your side. Your attorney will protect you from self-incrimination, question the arrest’s legality, and collect evidence to support your defense. They will work tirelessly to protect your rights and help you avoid a conviction. Do not wait to seek legal representation because time is of the essence in terms of criminal cases.