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Know Your Rights: When You Are Arrested or Detained by Police
noahjones • Jul 15, 2020

If you are getting arrested or detained by police, it is vital that you know your rights and responsibilities. Knowing such information is the first step to a successful criminal defense. 

A good place to start is an overview of your Miranda rights. The Miranda rights originated in the U.S. Supreme Court’s 1966 decision of Miranda v. Arizona , where it was established that suspects of a crime must be advised of their rights before interrogation. These rights include the right to remain silent and the right to an attorney. It is important to note that police do not have to read you your Miranda rights unless they are going to question you. 

In this vein, it is important that you do not volunteer to give the police a statement, as it may and likely will be used to incriminate you in court. The only responses you are legally obligated to respond to is your name, address, insurance, and registration (if you are operating a motor vehicle).  If this is not the case, politely decline, saying something along the lines of, “I would like to have my lawyer present if I am going to answer any further questions”. Do not be phased if they ask you again, or try and pressure you into making an incriminating statement. It is perfectly allowed for officers to lie and trick you to get information, don’t be tricked! 

Instead of giving a statement, one thing you can ask is if you are being arrested. The police can arrest you in three different situations: if the officer saw you commit a crime, if the officer has probable cause that you committed a felony, or if a judge issues a warrant based on probable cause. If you ask the officer and his/her justification does not fit one of these cases, you are legally allowed to leave. Please do so calmly. 

If you do find yourself in a situation where you are being arrested, allow the police officers to direct you where to put your hands, and how to move. Be polite and respectful to the police officers. Resisting, talking back, or running from the scene will always end badly, and has the potential to add additional charges that law enforcement may claim were the reasons for your arrest. 

It is imperative that you contact a lawyer as soon as possible. A skilled criminal defense lawyer will be able to provide counsel and support as you navigate the arrest and preliminary hearing in your first 24 hours in local lockup. In addition, they can make sure that the State is being held accountable for their actions and treatment of you. Call Bolton Law at (208) 306-3360  if you ever find yourself in a situation similar to the one described in this blog post, we would be happy to talk thoroughly with you about your case and help you to assert and protect your rights. 

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