Understanding Your
Constitutional Rights When You Are Arrested
This article will give you a basic understanding of your
Constitutional Rights if you are arrested. This article is NOT
a help tool for criminals. It is just a basic understanding of
your rights as a US citizen!
Step 1
When and if you are ever arrested, The Police Officers do not
have to read you your rights if they have not asked you any
questions regarding the incident of arrest. If you just begin
blurting out information about your alleged crime, this
information can and most likely be used against you in a court
of law.
Step 2
If and when an Officer/Investigator decides to
interrogate/interview you regarding your arrest, they will
start by stating " You have a right to remain silent and that
you do not have to answer any questions put to you or make any
statements". Basically, this means exactly what it says! You do
not have to speak regarding the incident.
Step 3
Next, the Officer/Investigator will state "Any statement you
make or anything you say will be used in a court of law." This
means, that what you tell the Officer will be used against you
in court, if your case should go to trial.
Step 4
Next, the Officer/Investigator will state "You have the right
to have an attorney (lawyer) present before and during the time
you answer any questions or make any statement's." This means
that you do not have to give any information to Law Enforcement
until you have an attorney present. When your attorney is
present, he/she will advise you on whether you should make a
statement or not.
Step 5
Next, The Officer/Investigator will state " If you cannot
afford an attorney (lawyer), one will be appointed for you
without cost by the Court prior to any questions". Most cities
have a procedure for appointing you an attorney at no cost that
will come and see you to get your side of the story and
represent you in court if the case should go that far.
Step 6
Next, The Officer/Investigator will state " You can decide at
any time to exercise your rights and not answer any questions
or make any statement." This means that you can begin answering
questions, but if you begin to feel uncomfortable, you can stop
and let the officer know that you do not wish to make any more
statement at this time.
Step 7
When the Officer/Investigator is finished reading you your
Constitutional Rights, you will be asked to give your signature
stating that you can read and that you do understand your
rights. Signing this just means that you understand. It does
not mean that you are admitting to any crime. If you refuse to
sign this agreement, most likely the Officer will just note
that you do not wish to sign at this time. If you decide to
speak about the incident after you are read your rights,
everything that you say will either be documented, or recorded
and can be used in court.
Step 8
Making a statement is a decision that you will need to make,
obviously when you are under stress. A prosecutor will be
reviewing your interrogation and will make a decision as to
whether you will be charged with the crime or not. Sometimes by
making a statement, they can see that you were acting in self
defense or they will see that there actually is enough evidence
to charge you with a crime!
Article Source: gerrie5044, eHow Member
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