Being arrested can be a daunting and confusing experience. In an instant, your freedom, your reputation, and your future may feel uncertain. Regardless of whether you believe the arrest was justified, what you do in the moments after being arrested can have a lasting impact on your case. Knowing your rights and how to protect them is essential.
When the police arrest someone, they must inform the suspect of their rights, including the right to remain silent and the right to legal counsel. The police will confiscate your personal property to protect you and the officers, and to safeguard your valuables. Your property should be identified, sorted, and listed on an evidence sheet, and you should be given the opportunity to review the evidence sheet for accuracy. Your property will be returned to you, except for illegal items, such as a fake ID or illegal drugs.
Someone who is arrested has important rights guaranteed under the Constitution. These rights are designed to protect you. However, you must know and understand your rights to assert them.
In the American legal system, the right to remain silent is fundamental. This means you do not need to speak with the police during questioning. Politely but firmly tell the police you are asserting your right to remain silent and ask to speak to an attorney.
The Sixth Amendment guarantees the right to legal counsel. Tell the police you will not answer any questions until you have spoken with an attorney. The police should stop asking you questions at this point. However, if they continue, you should refuse to make any statements and reassert your right to remain silent.
You have the right to refuse consent to a search of your person, vehicle, or property. However, there are several exceptions to this rule. For example, if the police have a warrant or probable cause, they can conduct a search without your consent. However, if the police ask to search your person, vehicle, or property, you should politely but firmly tell them you do not consent to any searches.
If you believe your rights were violated, an attorney can evaluate your situation and explain your rights and options to move forward.
In the United States, we enjoy certain rights that are guaranteed under the Constitution. Police and other law enforcement officers must follow the law and respect these rights when they arrest someone. If you are arrested for a crime, do your best to remember your rights, how they apply, and what to do if you get arrested.
If you get arrested, do your best to remain calm. Politely but firmly tell the police officer you are asserting your right to remain silent and ask to speak to an attorney. Then stay quiet!
Do not talk to the police. Anything you say can be used against you, and trying to explain your situation will rarely help you.
You are typically allowed to make a phone call after you get arrested. You should call an attorney, or contact a friend or family member and tell them you were arrested and need an attorney.
Be mindful that calls you make from jail are not confidential. Police can monitor them and other people in jail may be listening. Avoid discussing details of your case. Simply tell whoever you call that you were arrested and need to speak with an attorney.
The Constitution protects you from abuse by police and other government actors. To convict you of a crime, the government must prove each and every element of the crime you are charged with committing beyond a reasonable doubt. You are under no obligation to prove anything. The state attorney must also share all the evidence they have against you.
You can be arrested in your own home, but there are limits to what the police can do and when an arrest can happen. In most cases, police need an arrest warrant signed by a judge before they can enter your home and arrest you. Even if the police have a warrant, they generally must knock, announce themselves, and state their purpose before entering, unless the judge has authorized a “no-knock” entry.
If you were arrested in Michigan, defense attorney Robert Elmen will be your best friend on your worst day. He can help you navigate the legal process and will fight to protect your rights. Critically, he can advise you on what to say (and what not to say) if you get arrested. He offers valuable advice and legal guidance, and can negotiate with the prosecutor and represent you in court hearings. He will build a compelling legal defense to protect your rights.
Elmen Legal is located in Ann Arbor and defends people charged with crimes throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.
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