Everybody who has watched cop shows on television probably has heard what is known as the Miranda warning, the recitation of certain rights you have that police officers are required to recite to suspects when they are arrested. Of course, while you are being arrested is probably not a great time to try and learn for the first time what your rights are, especially since the Miranda warning can come at you pretty fast and furious while you are distracted by the officer putting you in handcuffs and stuffing you in the back of a police car. The time to learn about your rights is before you are arrested, not while it is happening. If you never get arrested, so much the better, but if you do, forewarned is forearmed.
Being Arrested Does Not Negate Your Constitutional Rights
Far from being the end of your rights, an arrest signals the beginning of when your rights should be most protected. Under the Constitution and judicial decisions, that is supposed to be the case. That is why it is so important to know what your rights are if you are arrested. If you do not know what your rights are, you cannot invoke your rights. The Miranda warning – named after the case that requires police to read the warning to anyone they arrest – includes many of those rights, but not all. Among your rights – and not all of these are included in the Miranda warning – are:
- The right to remain silent. You do not have to answer any questions the police might ask, before or after they arrest you. You do not have to tell them where you are going, why you are where you are, where you live, or anything else. Once you have been arrested, Texas law requires that you identify yourself to police, but you are not obligated to provide any other information. It is best to state that you intend to remain silent so that police will stop asking questions. Even if they do not, do not answer any questions.
- You do not have to agree to a search. The police are allowed to do a pat-down search if they suspect you have a weapon, but they are not allowed to do so otherwise. You should state that you object to being searched, as the police likely will do so even if they have no reasonable suspicion that you have a weapon. Objecting before the search likely will be important to a challenge to the search in court.
- You have a right to a lawyer. You can call one after your arrest, and the police cannot listen to the call, or the court will appoint a lawyer for you if you cannot afford one. If you call someone other than a lawyer, the police can listen. And they will.
You have other rights, but these are the most important at the time of arrest.
If You are Arrested, Assert Your Rights, Then Contact Madrid Law FirmIf you are arrested, it pays to know your rights. Assert them at the time of your arrest, and then get a criminal defense lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you are arrested, talk to the Madrid Law Firm.
