What Are My Rights After an Arrest?

What Are My Rights After an Arrest?

Being arrested can be scary and stressful. This might be your first brush with the law, and you may be unsure of the protections available to you.

This blog provides an overview of some of your rights after an arrest and how you can exercise these rights to prevent any missteps in your case. Additionally, we discuss how some of these rights allow you to get out of jail while your case is pending, giving you time to prepare your defense.

The Right to Be Told Why You Are Being Arrested

During your interaction with police officers, you have the right to know why you are being taken into custody. They must tell you the nature of the charges against you. If you are being arrested on a warrant, you have the right to inspect the document and ensure that you are the person named in it.

Exercising this right is important for a couple of reasons. It allows you to provide accurate information to a lawyer later (if you choose to retain legal representation), which can help as you build your case. Additionally, if you are denied the right to know the charges against you or see the warrant, you may have a reason to request the court to determine whether your Constitutional protections were violated.

Right to Remain Silent

Before, during, and after your arrest, you do not have to give the police any statements aside from providing your personal information. This is one of the most important rights you can exercise, as it can prevent you from saying or doing anything that could negatively impact your case.

If officers arrest and intend to interrogate you, they must inform you of your right to remain silent (this is commonly referred to as the Miranda warning). Officers must also tell you that if you give up this right, statements you make can be used as evidence against you.

To exercise this right, you must explicitly state that you are choosing to remain silent and will not be answering any questions. Note that remaining silent is a Constitutional protection, and you cannot be penalized for staying quiet.

Right to an Attorney

Before making any statements or signing any documents, you have the right to consult with a lawyer. Your attorney can be with you throughout the process and provide counsel on what to say and do during questioning.

Depending on your situation, if you cannot afford an attorney, you may be able to have one appointed to you at no cost.

Right to Make a Phone Call

Within a reasonable amount of time after your arrest, you have the right to reach out to a person of your choosing. You can contact a lawyer, friend or family member, or bail bondsman.

During your conversation, you may tell the individual that you have been arrested, what charges you are facing, and where you are being. This information can help them in locating you and posting bail for you. However, it is important not to give out too much detail about your situation, as law enforcement officials may be listening in on your call, and any statements you make can be used against you.

Right to Go Before a Judge

Within a reasonable amount of time, you should be scheduled for a hearing with a judge. During this proceeding, the judge should inform you of the crime you have been accused of. This may also be when they set bail.

Right to Reasonable Bail

Depending on your situation, bail may be set in your case. Bail is an amount of money you must pay to get released from jail while you are awaiting trial.

The bail amount may be determined by a pre-set schedule or a judge, who will base it on several factors, such as the severity of the alleged offense. Note that bail cannot be excessive, nor can it be used as a means of punishment.

At Andy Callif Bail Bonds, our team can help you and your loved one through the bail bonds process in Columbus and the surrounding areas. We are available 24/7, which means we will be here when you need us.

Call us at (614) 945-4334 or contact us online today.

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