Everyone has rights, including both criminals and suspected criminals. If you’ve been under arrest because you’re suspected of committing a crime, it’s important for you to be able to understand, assert, and protect your rights.
But why is this so important, and how can you ensure fair treatment throughout this experience?
Why Is It So Important to Protect Your Rights?
If you’ve been arrested on suspicion of committing a crime, police officers, interrogators, and other authorities are responsible for honoring your rights. However, this doesn’t always happen by default; sometimes, you need to make a proactive effort to assert and protect your own rights. This isn’t ideal, but it is the reality, so it pays to have advanced knowledge on how to protect yourself.
There are several reasons for this. First, this ensures appropriate treatment. Nobody wants to be mistreated, especially in a situation as stressful as being under arrest, and understanding and asserting your rights can improve your circumstances.
Second, this allows you to put yourself in the most favorable possible position. As you’ll see, asserting and defending some of your rights can help you mount a successful defense or even get some of your charges dismissed.
Third, if your rights are violated or compromised, you’ll likely be able to present evidence of it. Depending on the nature and strength of that evidence, you may be able to have the charges dropped against you.
Know Your Rights
Long before you’re even under suspicion of committing a crime, you should know your rights. Constitutional rights are guaranteed throughout the country, but you may have additional rights in certain areas. These are some of the most important rights to be familiar with:
· Silence. You have the right to remain silent. You may have to give arresting officers some pieces of identifying information, such as your name, but for the most part, you do not have to answer any questions. Since anything you say can ultimately work against you, the best course of action is to not say anything.
· Searches. We are also protected against unreasonable searches and seizures. You do not have to consent to a search. There are certain exceptions for this, such as if police have a solid reason to suspect you might have a weapon or that you’ve committed a crime. However, you can and should deny consent to any search against you.
· Lawyer. You also have a right to an attorney. If you can’t afford one, you will be appointed a public defender for free. It’s important to get access to a lawyer as soon as possible, so you can get expert legal advice and direction. A lawyer will also work to make sure your rights are respected throughout this process.
How to Protect Your Rights When You’re Under Arrest
So how do you protect and guard these rights if you’re under arrest?
· Stay calm. First, it’s important to remain calm. This is a stressful and disconcerting experience, but if you fall victim to your emotions, you’ll be less likely to act in a rational, controlled manner.
· Listen carefully. You should be read the Miranda warning at the time of your arrest. This warning clearly phrases some of your most important rights, including those listed above. Listen carefully to make sure you understand it. If you aren’t read this warning, note it.
· Assert your rights. If police officers attempt to threaten or intimidate you into waiving some of your rights, remain steadfast. Assert and insist upon your rights, and do so firmly but politely.
· Record if possible. If you have the opportunity, try to record everything that happens to you. Video footage is best, but audio recordings can also be valuable. This way, everything will be on the record. Do this openly.
· Remember if not. If you aren’t able to record the entire process, try to commit everything to memory. Pay attention to what people said to you and what they didn’t say to you. Pay attention to anything that could possibly be construed as mistreatment. Write this down in your notes as soon as possible.
· Follow your lawyer’s guidance. You know that it’s important to hire a lawyer as soon as possible. It’s also important to follow your lawyer’s advice. Your lawyer will work on your behalf to make sure your rights are respected, and they’ll guide you in the words and actions most likely to work in your favor.
Being arrested is one of the scariest things that can happen to you, but your constitutional rights can keep you safe – and potentially maximize your chances of walking free. Make sure you have at least a basic understanding of your most fundamental rights, and prepare yourself to assert them if you’re ever under arrest.