With 10 million arrests reported each year, it’s possible for anyone to become a statistic of an unexpected arrest. If arrested there are a few things every person must do to guarantee their rights are protected. Facing an accidental arrest? Keep the following information in mind.
One of the most important things to remember during an arrest is the right to remain silent. Just as this is a statement used when characters in movies or shows are arrested, it should also be used in real life. The right to remain silent will prevent one from incriminating themselves as the law reminds us: “Anything you say can and will be used against you in a court of law”.
Before choosing to remain silent, remember to say this statement out loud. For example, many states require an individual to give their name when approached by an officer. It’s important to respond to this request and then declare one’s intentions to remain silent.
It is the right of every citizen to deny police access during an arrest. While the police may refuse to uphold this denial, it is essential during an arrest or search to deny access without a warrant. Remember, no one has to consent to searches of their belongings or themselves if a warrant isn’t provided. At this time, the police may perform a pat-down if they suspect they are carrying a weapon.
Keep in mind that even if refusing consent doesn’t stop an officer from carrying out a search, it is essential to make a timely objection. Objecting to a search during or before the search will help to preserve one’s rights in subsequent legal proceedings.
When arrested, it’s imperative that the person remains silent after immediately requesting an attorney. Never answer a police officer’s questions or give explanations as this is a tactic offers use to extract information that may be used against the person in custody. Additionally, the law dictates that anyone arrested has the right to make one local phone call. If the call is to a lawyer, police cannot listen.
The next step if arrested is to work on being released from custody. With the help of a 24 hour bail bonds agent, a person in custody can be released from prison on bail. With bail posted, an individual no longer has to remain in police custody but must be sure to show up to their bail hearing.
During an arrest, the only person prioritizing your rights is you. Be sure to remember this pertinent information to guarantee your rights are protected in the event of an unexpected arrest.
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