What rights does a person have when being arrested?

Question

I need to no all the rights a person has when they have been arrested, regardless of the method the police used to arrest them its for a assignment need some help thx

Answer 1

You have the right to remain silent: Means you have the right to not say ANYTHING.
You have a responsibility to provide your name, and birth date, and maybe your social security number so that they can verify your identity.
If that can be accomplished by providing an ID card, then you do not even have to say yes, or no.
ANYTHING you say, CAN and WILL be used against you, in the courts of law.:
After they read or recite the Miranda, they will ask if you understand your rights as THEY have explained it to you.
If you say anything, yes, no, etc... that will be used to provide evidence of your alertness, or other reasonable cause.
You have a right to have your attorney present during ANY questioning: This would include any question that could be used to provide evidence against yourself.
I would consider that an officer of the law would have sufficient reason to ask for identification.
Before an officer can place you in custody ( which is anything that restricts your movements, or ability to leave at any time, provided there is no immediate threat to the safety of another, or you are suspect in a crime punishable by loss of liberty) they must have sufficient reason.
You do not have the privilege of being able to argue your case before an officer too often, so it is better to ...
1. SAY NOTHING
2. DO NOT BE WILLING TO PROVIDE ANY INFORMATION WITHOUT FIRST SEEKING COUNCIL
3. DO NOT RESIST SECUREMENT
Unless it is weekend, you have the right to council before going in front of a Magistrate or judge.
You have the right to hear the charges against you, and the right to provide defense motions for dismissal of charges.
You have a right to bail, unless saftey of the public is concearned.
You have the right to be detained in a safe secure and respectful enviroment.
You have the right to a fair trial, and due process.

Any other questions?


I see I have been given a thumbs down vote on my answer.
I can only assume someone does not want or like my response, though there is nothing inaccurate, or wrong with my answer.
If you have thumbed my answer, then maybe you have not posed the question correctly for the reponse you require?

What are you looking for, or is this negetive response I recieved, from a cop who does not want the truth known about what they can or cannot do?

Answer 2

-You have the right to remain silent and not answer any questions.
-You have the right to an attorney, even if you can't afford one, in which case one will be provided for you.
-You have the right to have an attorney present while you are being questioned.
-If you decide to answer questions without the presence of an attorney, you still have the right to stop answering questions at any time.
-You have the right to answer only certain questions, and not others.
-You have the right to be treated fairly and humanely.
-You have the right to a speedy trial.
-You have the right to be told what you are being arrested for.
-You have the right to use the phone. That doesn't mean you have the right to use it right away, or as often as you wish.
-You have the right to be treated for any injuries or illnesses you have at the time of arrest.

A lot of people are going on about how you have the right to proper nutrition, etc, but those are rights you have while in detention, and aren't really specific as to those rights you have at the moment of arrest and while being booked. All of that is a totally different story.

Officers ONLY need to read you your Miranda Rights IF they are going to ask you questions AND are contemplating criminal prosecution. If they don't ask you any questions, they don't have to read you your rights.

If they don't read you your rights before they question you, anything you say to incriminate yourself will likely be thrown out. That doesn't mean you will walk off scott-free. If they have other evidence against you, you can still be prosecuted and you may still eventually be found guilty.

El Chistoso

Answer 3

What rights are you looking for?

Someone above stated that your Miranda Rights must be read to you...NO THEY DO NOT. The Miranda WARNING (not rights), are only read when the person is in custody AND being interrogated.

All people have the right to be free of cruel and unusual punishment...and within 24 hours of arrest they must be allowed access to a phone...and medical care if needed...and around 2,000 calories of food per day...etc etc etc....the book on what has to be done for inmates is about 4 inches think.

Answer 4

The responders have given good answers so far, however, don't forget about the fact that the state now assumes responsibility for the well-being and safety of the prisoner!

A person is extremely vulnerable when they are incarcerated. Does the person require medication? Does the jail cell withstand the force of a major earthquake (Yes, the government would be liable if the wall callapses on the prisoner!).

Answer 5

The only basic roght you have is to be advised of your miranda rights, however this is not really required if you are not being asked a question about the crime you wewre arrested for. Other than this,,,,,your question is too vague as there are misdomeaners and felonys.

Answer 6

The Miranda rights, the right to remain silent (not speak or answer questions) the right to know that everything you say can be used against you, and the right to an attorney.

Answer 7

look up miranda rights. that's what you hear on tv whenever someone's arrested: you have the right to remain silent, etc.

Answer 8

well you have the right to remain silent, and should remember that anything you say can and will be used against you.

it is required that your miranda rights be read to you.

it is required that you are allowed to make contact to either make bail or arrange legal defense.

you are entitled to a speedy trial, but at this point, i get ahead of myself...

Answer 9

none .once you are cuffed anything can happen. phone call yeah right. miranda rights ,shiiiiiiit not since 1999 . law enforcement doesn't obey their own rules and ways of performing arrests etc... i guess it's different for white folks. like other things in this country.

Answer 10

in addition to Miranda, you have the right to be reasonably safe when you are in custody. also during the trial phase, you have the right ti due process.