Being arrested is a frightening experience. It can be even more confusing and daunting if you are not familiar with the law. This article will discuss 8 things you need to know about your rights and wrongful arrests. It will also provide some tips on what to do if you are arrested. Knowledge is power, and understanding your legal rights can help protect you from being wrongfully accused or taken advantage of by the police.
1. You Have the Right to Remain Silent
This is probably the most well-known of your Miranda rights and is also one of the most important. If you are arrested, the police will read you your Miranda rights. This means you have the right to remain silent, and anything you say can be used against you in a court of law. You must exercise this right and not say anything to the police until you have an attorney present.
Additionally, if the police stop you and start asking you questions, you can politely decline to answer and ask for an attorney. Lastly, if you are in custody and the police try to interrogate you, you can invoke your right to remain silent by saying, “You want a lawyer.”
2. You Have the Right to an Attorney
If you are arrested, you have the right to an attorney. You should exercise this right as soon as possible. If you cannot afford an attorney, one will be appointed for you. It is crucial to have legal representation when dealing with the criminal justice system.
An experienced attorney can help ensure that your rights are protected and that you receive a fair trial. Also, an attorney can help negotiate a plea deal with the prosecutor, resulting in a lighter sentence.
3. You Have the Right to a Fair and Speedy Trial
If you are charged with a crime, you have the right to a fair and speedy trial. This means you have the right to an attorney, a jury of your peers, and the right to confront your accusers. Additionally, you have the right to remain silent and not incriminate yourself.
It is important to remember that if you go to trial, anything you say can be used against you. This is why it is so important to have an experienced attorney by your side who can help ensure that your rights are protected.
4. You Have the Right to a Bail Hearing
If you are arrested, you have the right to a bail hearing. This is where a judge will decide if you should be released from custody while awaiting trial. The judge will consider factors such as the seriousness of the crime, your criminal history, and whether or not you are a flight risk.
If the judge decides to grant you bail, you will be required to post bond. This is usually done through cash or collateral, such as property or jewelry. For instance, Los Angeles bail bonds typically range from $5,000 to $50,000.
If you cannot afford bail, there are bail bondsmen who can help. However, if you are deemed to be a flight risk or a danger to the community, the judge may deny bail and order that you remain in custody until your trial.
5. You Have the Right to Due Process
This constitutional right guarantees that you will receive a fair and impartial hearing. Due process includes the right to an attorney, a jury trial, and the right to confront your accusers. It also means that the government cannot take away your life, liberty, or property without due process of law.
If you feel your rights have been violated, you should contact an experienced attorney who can help protect your rights.
6. You Have the Right to Appeal Your Conviction
If you are convicted of a crime, you have the right to appeal your conviction. This is a complex legal process, so it is essential to have an experienced attorney by your side. An appellate attorney will review the trial record and argue that the conviction should be overturned because of errors that occurred during the trial. If the appellate court agrees, your conviction will be overturned, and you will be given a new trial.
7. You Have Rights Under the Equal Protection Clause
This clause guarantees that everyone is treated equally under the law. It prohibits discrimination based on race, religion, national origin, or gender. If you feel you have been treated unfairly by the criminal justice system, you should contact an experienced attorney who can help protect your rights.
8. You Have the Right to a Pardon
A pardon is when the president or governor pardons someone for a crime. This is typically done for people convicted of non-violent crimes or who have demonstrated that they have reformed themselves. If you think you might be eligible for a pardon, you should contact an experienced attorney who can help you navigate the process.
Bottom Line
These are just some of the many rights you have if you are arrested and charged with a crime. It is important to remember that you have these rights and to exercise them if necessary. If you do not feel like your rights are being respected, you should contact an experienced attorney who can help protect your rights and ensure that you receive a fair trial.