When an individual is taken into police custody due to a criminal act, they may be arrested immediately following an alleged crime or following a criminal investigation. An arrest record is also known as a criminal record.
This is a document which details an individual’s criminal history. An arrest record is usually stored by law enforcement agencies as well as other judicial administrative institutions.
If an individual has been arrested by law enforcement, there are several things they should do. For example, they should remain calm and silent.
It is important to be polite and behave respectfully towards law enforcement throughout the arrest or interview process. It is also important to ensure that your attorney is present for any types of lineups or testing procedures, such as drawing a blood sample, even if the procedure seems inconsequential.
They should then request an attorney who will be able to advise them of their rights and assist them with the complicated criminal laws and the legal system.
There are numerous things individuals should not do if they have been arrested. For example, they should not discuss the incident with any individual except their attorney.
They should not resist being arrested. What an individual does or does not do after they have been arrested may have a significant effect on the potential outcome of their case.
It is also important to remember that you are not required to allow law enforcement to search certain areas of your vehicle or your residence if they do not have a valid search warrant. Law enforcement may attempt to insinuate that refusal to do so indicates guilt, but it does not and cannot be used against you.
No, individuals are not required to answer questions from law enforcement. Under the Fifth Amendment to the United States Constitution, all individuals are protected from self-incrimination.
This means that when an individual is arrested or is in some form of custody of law enforcement and they are not free to leave, that individual has the right to remain silent and has the right to not answer any questions. There are, however, exceptions to an individual’s right to remain silent.
Exceptions to this rule involve traffic stops and questions concerning an individual’s identification. If an individual is pulled over by law enforcement, it is in their best interest to cooperate with law enforcement as well as provide them with any necessary information regarding their identification and insurance.
This type of information is not considered incriminating evidence and, therefore, is not covered by the right to remain silent.
When law enforcement arrests an individual, they are not required to read them their rights, called Miranda rights. Law enforcement is only required to inform an individual of their Miranda Rights, or read them their Miranda warning, if they want to question the individual.
If law enforcement fails to give an individual a Miranda warning prior to questioning them while they are under arrest or in custody, any statements made or evidence which is gathered during these interrogations cannot be used against the individual in court. In addition, if that statement or confession leads law enforcement to additional incriminating evidence, that evidence will also be excluded from trial.
If an individual has been arrested, they should ask for an attorney immediately. Second, they should inform law enforcement that they wish to remain silent.
An individual can communicate these by saying something similar to:
It is important to be aware that the assertion of these rights must be clear and unambiguous. This means that law enforcement must know that the individual is asserting these rights.
For example, it is not sufficient for an individual to say, “I believe I may need an attorney.” The statement must be more assertive and definite, such as “I want an attorney.”
No, law enforcement cannot continue to question an individual after they have stated they will remain silent or want an attorney. It is a violation of the individual’s Miranda rights for law enforcement to continue with questioning.
Anything an individual says after that point will most likely not be admissible at trial. It is important to be aware, however, that law enforcement may continue to attempt to elicit statements from the individual even after they assert their rights.
It is common for law enforcement to insinuate that individuals may appear guilty if they request an attorney or refrain from speaking until their attorney arrives. It is important for an individual to remember that they have the right to remain silent and wait for their attorney and it cannot be used against them in their case.
No, law enforcement is not permitted to use physical force or psychological coercion in order to obtain responses from a suspect. Any information or evidence which is obtained through either of those methods is inadmissible at trial.
In addition, it is important to be aware that if law enforcement uses physical force or psychological coercion, it is considered a form of police misconduct.
Yes, an individual may answer questions then decide at a later time to stop answering questions. A Miranda warning provides the individual in custody with the right to stop answering questions at any time, even if they waived their right to remain silent at an earlier time.
Once a suspect asserts their right to remain silent, law enforcement must immediately stop their questioning and they are not permitted to continue questioning the suspect regarding any matter.
When law enforcement arrests an individual, there are very specific procedures and steps they must follow when handling that individual. For example, they are not permitted to use excessive force.
If an individual feels their rights have been violated during an arrest, they may need to speak with an attorney. Attorneys can help individuals review what occurred and determine whether or not their rights have been violated.
In certain cases, suing the police may be appropriate if an individual’s rights have been infringed upon.
It is essential to have the assistance of a criminal defense attorney if you have been arrested. Your attorney can inform you of your rights and what defenses may be available to you.
It is important to remember that having an attorney is your right. The law contains many rules and nuances that regular individuals will simply not know.
In some cases, law enforcement may attempt to trap individuals into saying something because they know it will benefit their case. Having an attorney with you during any questioning will ensure that law enforcement conducts the interview properly and your rights are protected.
If you believe you have been a victim of police misconduct, your attorney can provide assistance. Your attorney will also represent you any time that you have to appear in court related to your case.
16 people have successfully posted their cases
