If you are accused of a crime and arrested, you have rights. A Des Moines criminal defense lawyer from our firm can tell you what you should do if you’re arrested and why talking to the police on your own is rarely a good idea.
What Are Miranda Rights?
The first thing that you should know about is your Miranda rights. When you are arrested, you are supposed to be read your rights and told that you can remain silent if you wish to. You should be informed that any statement you make can be used against you. The goal here is to ensure that you know that you can protect yourself and exercise a Fifth Amendment right against self-incrimination.
When the police question someone and do not Mirandize them, anything they get from that interaction can be thrown out in court. Even if someone confesses to a crime during an interrogation, that does not matter if the cops did not properly inform the arrested person about their rights.
What Other Rights Do I Have?
When you are arrested, you have the right to contact someone. You should be given more than one phone call if needed so you can reach out to a family member, attorney, or someone else who can help you.
You also have a right to document your interaction with the police. This means that you can record any conversation you have and ask for the badge numbers of the officers. You should write down any relevant information, like patrol car numbers or the names of the officers involved. They cannot stop you from doing this.
You are also entitled to a fair trial. You are presumed innocent until you are proven guilty. It is your right to be told the charges against you and what evidence the prosecution has against you.
Can Police Search My Home or Car When I’m Arrested?
Being arrested does not void your protection from unreasonable search and seizure. The police may be able to search your person and the immediate surroundings, but they do not have a blank check here. If you are arrested while at your home, they can justify a search by saying they were looking for weapons, evidence, or accomplices. They could also say that they needed to take steps to protect themselves.
However, if you are arrested elsewhere, the cops cannot just go searching through any residence or vehicle you own without getting a search warrant or consent. So as an example, let’s say there’s a warrant out for your arrest. The cops spot you at a grocery store. They cannot arrest you and then go to your home and search it just because. They would need a search warrant for your residence.
Schedule a Consultation
So if you are facing criminal charges, contact Herting Law, PLLC and ask to speak with our legal team. An experienced lawyer can tell you more about your rights and what a defense attorney can do to help you stand up for them.
