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Matthew Radefeld & Dan Juengel
Matthew A. Radefeld and Daniel A. Juengel

What Are Your Rights After Being Arrested?

On Behalf of | Jun 23, 2023 | Criminal Law |

When engaging with law enforcement, it is a common misconception that a Miranda warning must be read to you in all instances. However, this is only the case when two conditions are met: you are detained by a police officer, and they are questioning you. Contrary to what some may assume, just being stopped or encountered by law enforcement does not mean your Miranda rights must be read.

Your legal rights

When encountering law enforcement officers, it is important to be aware of your rights and how to assert them. Knowing your rights can help you protect yourself from possible mistreatment or abuse by police officers. Here are some fundamental rights that may apply during police encounters:

  • The right to remain silent: You have the right to stay quiet and abstain from incriminating yourself. You do not need to answer any questions asked by the police, apart from your name and providing proof of identity upon request.
  • The right to an attorney: In the event of an arrest, you have the right to have an attorney and the right to have them represent you while you are being questioned. You can even ask for a public defender if you cannot afford to hire a lawyer.
  • The right to refuse a search: Police officers might ask to search you, your vehicle, or your house. You can reject the search unless they can show you a valid search warrant or have probable cause.
  • The right to know the reason for the encounter: The police must have a valid reason to stop or detain you. If you are unsure of the reason, you may request the officer to explain why you were stopped.

What to do if your rights are violated  Arrested person in handcuffs

There are times when police officers abuse their power and violate the rights of citizens during an encounter. The thought of being in such a situation can be frightening and overwhelming, but it’s crucial to stay calm and keep a clear head. 

While it’s understandable to feel frustrated and angry, it’s important to remember that resistance will only make matters worse. Any attempt to resist or flee will likely result in further, more serious charges. By keeping your composure and responding respectfully, you may be able to de-escalate the situation without further complications. 

Documenting the encounter through audio or video recordings can help provide evidence if you believe that police abuse or a violation of rights occurred and legal action needs to be taken.