Living a peaceful and happy life is everyone’s right and dream. Liberty is part of the rights guaranteed to everyone. However, sometimes you could experience arrest by law enforcement agencies and your liberty comes to an end at least for the time being. Young people are more likely to be arrested for having a gun or some kind of drug in their possession or mugging for money and all that is done for fun more often.
Being a peaceful citizen, if somehow you are involved in some kind of offense and get arrested, that is not the end of life. You have some guaranteed rights and entitled to benefits fair treatment in accordance with the law. In this article, we will try to learn what rights a person may have when he is arrested for a charge of possessing a gun or another weapon, having drugs, or an unusual amount of money.
What is an arrest?
Arrest means seize someone in legal authority and take them in the custody of police or law. Arrest maybe for different reasons. There are a few kinds of arrest that you may experience one of those:
Misdemeanor arrest When a person who commits or is suspected to commit a crime is arrested by a police officer himself or on the indication of someone else this kind of arrest is called misdemeanor arrest.
Hit and run arrest
If a person hits someone while driving a car and instead of helping him and waiting for police, runs away from the place, the police may follow and arrest him to suitably punish for the fault under the law. Personal arrest
When a criminal resists or tries to run he can be arrested by any individual around; if the crime is witnessed there’s no specific need for a police officer or any other enforcement. A responsible citizen may arrest the criminal and hand him over to the police.
A person who is involved in serious offenses and is wanted by the law enforcement agencies may also be arrested.
Know your Rights
A police officer can only arrest someone if he has eye-witnessed the crime or has received valid and reliable information about an illegal activity happening somewhere. In most cases, the police officer has to obtain an official warrant in order to arrest someone. However, if the crime was serious and the police didn’t get the time for issuing a warrant, a warrantless arrest is also possible. Police aren’t allowed to use heavy force or harass someone in any way possible unless someone resists or there is apprehension of resistance. Police don’t have to review the Miranda Rights at the time of arrest, however they are required to read their rights related to the process. Some people think that it’s always better to read the Miranda Rights at the moment of arrest.
After the arrest, police officers must follow the guidelines for investigations.
You will not be questioned until you agree and accept the crime.
You have proper legal rights to claim and fight for yourself after being arrested whether you hire an attorney in a case.
Now that you’re under the custody of the police, what would be your next step to defend yourself under the law?
What Should You Do?
● First of all, don’t panic. Stay calm and carefully think about your next decisions, but never resist an arrest or it can result in a serious charge. Follow what police say, and respect them so they respect you. Such situations require patience and grip over your mind.
● Then, immediately consult an attorney. An attorney will deal with the situation carefully and with objectivity, being an expert in the field. As a professional criminal lawyer, he can evaluate the issue more accurately so instead to make the situation worse, try to contact an attorney as soon as possible. This would help to defend the arrested person in a legal way.
● Avoid Falsifying in the situation where you get arrested without being a misdemeanor, don’t defend and prove yourself right because the officers can use your words against you. So ultimately, being silent at that time will save you.
● Don’t use force because this action can make the case worse than ever. It may cause some injuries to you during some minor fights.
● You have the right to remain silent and give the right of your defense to your attorney. You can give some basic information about yourself to a police officer but don’t go any further. Remaining silent is the best thing you can do after the arrest.
● In many states, you are entitled to a phone call to anyone you want. If you cannot afford an attorney, a public defender will be provided or the US constitution can provide you an attorney to deal with the case.
● Being arrested can be traumatic but you have to take care of yourself to carry on the legal procedures smoothly. Control your emotions to face the complexities, efficiently.
● Learn what police have the right to do after arresting you;
A police officer is allowed to search your body and clothes.
The officer may search your belongings.
Police may search I’m your vehicle.
Police may ask you to perform a test like walking in a straight line or writing a few words.
Police may ask for your fingerprints.
Police can demand medical tests like blood or hair sample.
So you should be aware of your rights and the law.
● Maintain your law profile until your appearance in court. Don’t break any law or involve yourself in an activity that can lead to further charges against you like obstruction to police or legal process.
● Dress appropriately and behave nicely as first impressions are very important, especially in a courtroom.
- Don’t believe the police because it’s legal to lie for them, so they can trap you and get you confess about the crime; so better keep silent and talk only in the presence of your attorney.
- Don’t accept the offers of getting back into your home for talking to someone, making a last call or taking anything from there, because remember they lie!
If you need any further guidance, you may contact us at (225) 922-4338