Your demeanor does not determine your guilt or your innocence at the time of your arrest. However, your conduct, how you act, and everything you say can be used against you.
Knowing your rights at the time of an arrest is essential. Here at Haque Legal, our Southfield criminal defense attorneys’ goal is to make sure that you have the basic knowledge of how you can safeguard your rights before we get to where you are and do it for you.
In this article, let us talk about your rights during the time of an arrest.
The United States Constitution
The United States of America is known as the land of the free. This means that you are free to enjoy your life and to enjoy the privilege of your rights as long as you do not trample on the rights of others. The United States Constitution protects individuals who are being arrested and legally binds the persons in authority to make sure that they continue to respect the rights of these individuals even if they are being detained.
At the time of your arrest, you should be read or told of your Miranda rights. The Miranda rights refer to the rights that would protect you from making any statements to the police. Keep in mind that, at the time of your arrest, you are already considered as a suspect for the crime that is being imputed on you. If the authorities place you on arrest, they need to prove that such an arrest is valid. They also need to make sure that you are informed of your Miranda rights.
There are four basic parts of the Miranda rights, and they are:
- Your request to remain silent;
- The fact that any statement you make may be used against you;
- Your request to have a lawyer present; and
- Your request is to have a lawyer appointed for you when you cannot afford one.
Discussing Your Rights
The subsequent discussion may sound fundamental for individuals with some primary legal education. However, it is vital to make sure that every person has access to this information at all times.
You are right to remain silent.
Your right to remain silent is probably one of those rights that you should exercise at the time of the arrest. This means that you have a right not to say anything and not answer any questions at the time of your arrest.
It is a normal human reaction to get arrested and make statements that they think would help them prove their innocence. The time of your arrest is not the time for you to make statements. It is time for you to remain silent and wait for your chance to call your lawyer. However, if you are a witness to a person being arrested who is your father or your siblings or your friend, the same duty of remaining silent falls upon you. You should make sure that you call a lawyer before doing anything else when you are arrested or when you see someone you know is arrested.
Anything You Say Can, And Will Be, Used Against You
Spontaneous reactions and reactions at the time of the arrest can and will be used against you in a court of law. Your demeanor and your equations and your statements are all part of the scrutiny that you will go through at the time of your court proceedings.
The prosecution will not rest until proven that you are guilty of the crime they are imputing against you. Hence, with your right to remain silent, you should remember that anything you say and anything you do can and will be used against you, which is why staying silent is your best move forward.
You Have A Right To An Attorney
You have a right to an attorney. This is already a given right to every person faced with the challenge of dealing with the courts and persons investigating a specific crime. Whether you are guilty or innocent is not a determining factor of your rights to having a lawyer defend you to the best of his abilities.
Your right to have your attorney represent you is essential. Even if you are the most intelligent person in any room and think you can express yourself, it is best to hire a lawyer. As stated before, there is this belief in legal practice that the worst client that a lawyer would have would be himself, and the worst lawyer you can have is yourself.
If you cannot afford to hire a lawyer, the court will assign a lawyer for you. This is already a given, and this is a right, but you should take advantage of it because defense lawyers are also legally mandated to do whatever they can to protect you and your rights.
Let Haque Legal Help You With Your Arrest
Now that you know some facts about how you should deal with an arrest in Michigan, make sure that you remember them by heart. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to ensuring that the law will protect those who are innocent and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice, and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you get arrested for any crime, call our criminal defense attorneys to help you. We need to make sure that you are not being deprived of your liberty on false charges or something that could be prevented.