When the police arrive on the scene of a crime, they begin asking questions and gathering information to be used as evidence in court, and they collect witness information. A person answering questions should not just walk away from a police officer without asking for permission to do so. The police make an arrest when they find probable cause that the suspect they arrest committed the crime.
When you are arrested, you have the right to remain silent and request a lawyer to speak for you.
Miranda Rights
Miranda rights pertain to arrested suspects. Generally, if the police officer does not inform the arrested person of his or her Miranda rights, information obtained through interrogation is not admissible in court.
Your Miranda rights are as follows:
• You have the right to remain silent.
• If you do say anything, what you say can be used against you in a court of law.
• You have the right to consult with a lawyer and have that lawyer present during questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
• If you choose to talk to the police officer, you have the right to stop and ask for the lawyer at any time.
Exceptions to Miranda Rights
Public safety outweighs Miranda rights. If the police officer thinks you, the suspect, hid a loaded gun nearby, it’s prudent for the officer to demand to know where you left the weapon. In practice, a judge decides what is admissible as evidence in court. Any information that you volunteer is generally admissible in criminal court.
The Fifth Amendment
The Fifth Amendment to the U.S. Constitution gives you the right to not incriminate yourself. If you decide not to remain silent but to answer questions or speak freely, you do not have fifth amendment rights. Usually, the criminal defendant who speaks freely helps the police and prosecutors get information they need for a criminal conviction.
Booking
If you are held in police custody but not charged with a crime, a lawyer can file a writ of habeas corpus for you. The writ requires the police to bring you to a judge who’ll determine if you are being held legally. The police can search your body and your car to find evidence of a crime. The police can search for concealed weapons, stolen goods or any other evidence of the commission of a crime. The police must secure your personal property and ask you to sign their inventory of your possessions. You must supply basic identifying information and fingerprints upon request. You may also be photographed and asked for a handwriting sample.
Breathalyzer Tests
If a police officer believes you are driving under the influence of alcohol or illegal drugs, the officer may offer you a breathalyzer test. If you refuse to take the sobriety test, your driver’s license will be suspended immediately. The test is your opportunity to prove your innocence, but the results are admissible in court to prove your guilt.
DNA Samples
The police have the right to urine, blood or hair samples as physical evidence. The Fifth Amendment only applies to verbal communication, not bodily samples. The samples may be used to prove that you committed a crime or were at the scene of a crime.
A Speedy Trial
After you are arrested and booked, you must be charged with a crime within 48 to 72 hours after your arrest. You may be able to pay bail, a surety bond, to be released prior to your arraignment. Your payment to the court secures your appearance at your criminal court hearing in the future. When you show up for court, your bail money will be refunded. If you do not show up for court, you forfeit your bail money and the judge issues a warrant for your arrest. The prosecutor can reduce or increase the charges against you as more evidence is produced by the police or your lawyer.
Preliminary Hearing or Arraignment
You have the right to plead guilty or not guilty of the crime. “Nolo contendere” is an option which allows you to not contest the charges against you in return for a reduced charge or prison sentence.
Criminal Defense Attorney
You have the right to a criminal defense attorney who understands the charges against you and can advise and represent you in court and agency hearings. The criminal defense attorney may be able to get your bail, criminal charges and penalties reduced or dismissed.
