What Are My Rights If I’ve Been Arrested

If you have been taken into custody and were legally arrested, you were read what’s called your Miranda Rights. If you are a US Citizen, you are guaranteed these rights to make sure you are treated fairly after you are arrested. This helps assure that you are not forced, or coerced, into giving false information or are denied the basic rights that every US citizen is promised.

Miranda Rights are as follows:

• You have the right to remain silent and to refuse to answer any questions.

• Whatever you say can and will be used against you in a court of law.

• You have the right to an attorney; if you can’t afford one, one will be appointed to you.

• If you decide to answer any questions, you can still stop at any time.

• Do you understand these rights, and are you willing to answer my questions now?

Miranda Rights allow you to avoid answering questions until you have a lawyer with you and wish to continue. You are not required to answer questions at any time. It also assures you that if you can’t afford a lawyer on your own, the court will appoint one for you. The court realizes how important fair representation is when you have been accused of a crime, so everyone is free to either hire their own or ask for a court appointed attorney. The court will ask for your financial information to determine if you are eligible and, if you are, your attorney will contact you with information on your case and how you are going to proceed.

Miranda Rights are very important, but are not the only ones you are entitled to. You are also assured of the rights below:

• That you will be presumed innocent until proven guilty. This is very important because only the court or a jury of your peers can find you guilty of a crime.

• That you will have a fair and speedy trial. You must be arraigned within a certain amount of time. You must also have a fair trial.

• That you know what the charges are. You cannot be held longer than a certain amount of time (usually 48 hours) without being charged with a crime and informed about what those charges are.

• That you may make one phone call to anyone you choose after you are arrested. This allows you to contact your attorney if you have one, or a bail bondsman to help you leave custody if you are granted bond, or your family so they can make those arrangements for you.

• That you will have your personal property returned to you when you are released (unless any of it is direct evidence in your case).

Once you are arraigned, you will be able to post bond if you are granted bail, and a good bail bondsman and a great lawyer will quickly become your best friends throughout the court process. For information on finding a bail agent, visit 1800Libertad.com or call us at 1-800-LIBERTAD (1-800-542-3782).