Arrested? Your Rights and Next Steps
When you find yourself in a situation where you're facing arrest, it's crucial to understand your rights and what to expect during the process. From where you'll be held to your rights under the law, being informed can make a significant difference in how you navigate the situation.
Where do they hold me?
When you are arrested, you will most likely be held in a holding cell in the Police Station or at the Local County Jail. At the local police station, you will be booked and processed; this is where they take your mugshot and book you in for the night. When you are booked, you will then be transferred to the local county jail where you will wait for your day in court and see your attorney. When you're locked up, request an attorney and your phone call.
What are my rights?
When you are arrested, understand your Miranda Rights. Right after you are arrested, a cop should and would read you your Miranda Rights. Your Miranda Rights are “You have the right to remain silent. Anything you say can and will be held against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” Keep in mind, though, that a police officer does not have to technically read you your rights when you are arrested (Vega v Tekoh, 2022). So be wary of what you say when being arrested and when you’re in the squad car. All of that can be used against you.
Some important parts of your Miranda, or defendants', rights include:
Right to a lawyer
Right to remain silent.
The right to a speedy trial
Right to a jury
Right to call witnesses
Right to ask witnesses to testify
Your Arraignment and First Appearance
Your arraignment and first appearance is where you discover what you are being charged with, what rights you have, and when they will provide a lawyer. You should know that most cases will be solved with a plea bargain and most public defenders will push for a plea bargain with the prosecution. Understand that they expect you to take the plea bargain as it will cost money and time that you likely don’t have to sit in court.
Say NOTHING.
Remember that a cop’s number one priority in an arrest is to discern the person responsible for the crime. It is advised that you say nothing to the police without the presence of a lawyer. You must verbally tell the officers that you are making the choice to use your Miranda rights. Once you have done so, they must stop questioning you until you have legal representation. Understand that if you are being questioned for a criminal act they believe you have committed the their main job is to get a confession out of you. Remain calm, ask for a lawyer, and ask if you are being detained.
Understanding the process of arrest and the rights afforded to you is crucial in safeguarding yourself during legal proceedings. From knowing where you may be held after arrest to comprehending your Miranda Rights and the significance of your arraignment and first appearance, being informed empowers you to navigate the legal system more effectively. Remembering to assert your right to remain silent, request legal representation, and stay calm can protect your interests and ensure fair treatment under the law.
