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What are my rights when i'm arrested?

2006-12-05 05:17:42 · 8 answers · asked by c_udell07 1 in Politics & Government Law Enforcement & Police

8 answers

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to speak to an attorney, and to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be provided for you at government expense.

After you are booked you may make a phone call.
If there is bail set, you may post bail and get out of jail.
You have the right to a fair & speedy trial. This means that if you are being held, you must be arraigned as soon as possible.
You have the right to know the charges against you. If you are being held without being charged, your attorney can file a writ of Habeas Corpus, to ask the prosecutor to either bring charges aainst you or let you go.
There's more, but these are the most immediate ones after you are arrested.

2006-12-05 05:24:13 · answer #1 · answered by Anonymous · 2 0

You have Miranda Rights. These are the right to remain silent. The right to have an attorney present during questioning. The right to consult with an attorney. The right to representation if you can't afford one. That means no money, no property, no nothing.
The right to stop answering questions at any time and request an attorney.
now...this doesn't mean that if you get picked up for a minor thing like a breach of peace you can break the cops balls by demanding your rights. They all know that and will just laugh at you. However if you're accused of a serious crime, then you may wish to invoke your constitutional rights.
By the way..."I have a right to make a phone call" is not a right. Its a privilidge. The constitution doesn't say "All men get a phone call".

2006-12-05 07:44:28 · answer #2 · answered by Quasimodo 7 · 0 0

Miranda rights: Yo uhave the right to remain silent because anything you say can and will be held against you in the court of law. You have the right to an attorney. If you can't afford one, one will be hired for you at the government's expense.

You must be told that you are being arrested and why (depending on jurisdiction).

You also have the right to be charged or released within 24 hours of being arrested.

And the right to a single phone call. Use it wisely.

2006-12-05 05:26:28 · answer #3 · answered by In 2 Deep 3 · 0 0

You have the right to remain silent and You have the right to an attorney and usually one phone call. That's about it. Oh, if you want a lawyer and can't afford one, You have to wait a week or so for the courts to give you some underpaid right out of law school pretend lawyer who won't give a sh$t about you and will make you take a crappy deal because he doesn't want to do the work to defend you. So if you get arrested you better hope you have some money.

2006-12-05 05:25:33 · answer #4 · answered by talarlo 3 · 0 0

Some of these answers are pretty good, but your miranda rights don't take effect until there is a custodial interrogation. Just because you are arrested doesn't mean they have to read you your miranda rights. They only have to do that when there is a custodial interrogation. You do have a right to an initial appearance within 48 hours, and a phone call, but that is about it.

2006-12-05 08:03:25 · answer #5 · answered by On Time 3 · 0 0

Interesting that when there is a question about a criminal activity there is a whole horde of cops, ex-cops and wannabees answering that you ought to pay the fine, do what's right, dump the bum boyfriend etc, but when there is a question about citizens rights there there are no meaningful answers. They don't WANT you to know that you do have rights before you are arrested and that you do not have to cooperate or let them search your vehicle. Just a bunch of honest hard working guys!

2006-12-05 06:14:36 · answer #6 · answered by Michael 2 · 0 0

The right to remaim silent to prevent self incrimination and the right to be questioned with your lawyer present.

2006-12-05 05:23:40 · answer #7 · answered by Michael R 3 · 0 0

Silence. an Attorney, one phone Call.

I'd use them and mostly the first..

2006-12-05 05:25:26 · answer #8 · answered by libby 2 · 0 0

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