Are you prepared for the next time you are stopped by the police or arrested? While it might seem like an ordinary procedure you have seen multiple times in movies and on TV, a police officer that fails to remember your rights is in violation, and could be prosecuted.
During times like this, the Law Office of William S. Skupa is always here to help when you need an attorney for your defense. Keep our telephone number with your emergency contacts in case you are arrested or have your rights violated when you are stopped by the police.
You have the right to remain silent
Interestingly, when you interact with the police, you do not have to answer any of their questions or say anything. This is called your right to remain silent.
If, for some reason, you are placed under arrest, a police officer will read you your Miranda Rights. It starts with, “You have the right to remain silent, anything you say and do can be used against you in a court of law …” If you choose the right to remain silent, you must state that fact by saying it to the police officer.
You have the right to refuse a search
Whether it is your home, car, or person, you can refuse a search by police officer without a warrant. The exception is when they suspect you have a weapon. If that is the case, they can pat you down.
You have the right to leave
If you are stopped by police or there is police activity around you, you have the right to say, “Am I under arrest?” If the answer is no, then you may ask, “Am I free to go?” Just because a police officer asks you to stop does not necessarily mean it is an order.
You have the right to a lawyer
If placed under arrest, you should always ask for a lawyer right away. According to the Sixth Amendment, you are entitle to legal counsel for your defense.
Other things to remember if you are arrested are:
- Stay calm.
- Do not obstruct the police.
- Do not give false information.
- File a complaint if you feel your rights were violated.
- If they place you under arrest, do not resist even if they are wrong to do so.
- Have a telephone number stored in your contacts or memorized, particularly to a lawyer that has your emergency contacts in a file, in case you are arrested because they will seize your phone.