Do you know someone who has been arrested for a felony? Are you someone with felony charges and want to know your rights? You have come to the right place because you need to know what happens when you are arrested and what you should do to maintain the integrity of your rights according to the law.
From Start to Finish
When a person is arrested by law enforcement, a certain series of events take place. The police have an obligation to follow specific legal procedures as the felony arrest takes place and at various stages throughout the process up until the person actually goes to jail. Even though, law enforcement is in control of the arrest, you still have legal rights at every stage of the process.
Rights You Should Know
When the police stops you to ask questions related to more than just your name and address, the officer must let you know that you have the option to answer. You also have the simple right to be told by the officer why you are being arrested as well as the charges against you.
If the officer is arresting you on a warrant, then you have the right to examine the warrant at some reasonable time frame after you have been arrested. You would read the warrant to make sure that your name is actually on it and to view the charges brought against you.
Reading Miranda Rights
In every arrest, the arresting officer or officers must read your Miranda or constitutional rights prior to you allowing any type of questioning about details of the charges brought against you, especially at the point when you are in custody and being interrogated.
- You have the right to remain silent
- You have the right not to answer any police questioning
- You have the right to know that if you were to waive the right to remain silent and decide to answer the questions posed by the police, those answers will become part of the evidence in court
- You have the right to stop talking to or answer questions posed by the police
- You have the right to ask to talk to your attorney, whether you have already answered some of the questions or not
- If you don't have an attorney and you need one, you have the right to have the court appoint one for you
Be Aware…. No one can be penalize for a refusal to answer questions posed by the officer or officers. If you choose to cooperate with the police by answering their questions while in their custody, then you might pose a challenge for your defending attorney. Your first line of defense is to always request a lawyer.
Rights You Probably DON'T Know…
You also have other legal rights in a felony arrest that you may not have known. You have the right to contact someone by phone to inform them of your arrest and charges. You are allowed more than one phone call.
Until you speak to your attorney, you also have the right to refuse any test such as lie detector, sobriety, mental ability or breathalyzer. You have the right to have your lawyer present at any identification procedure where you are part of a line-up for possible eyewitnesses to view.
If you are arrested for a felony crime and you don't know your rights, you can seriously jeopardize your case. Remember, the law clearly states that you are innocent until proven guilty.
So hire a criminal attorney to defend you in a court of law. Call the criminal defense team at Farkas & Crowley today at (561) 444-9LAW.