The Moments After the Arrest: Knowing Your Rights and How to Exercise Them

 Posted on August 03,2016 in Criminal Defense

No matter what kind of criminal offense you face, any crime that results in an arrest calls for a proper criminal defense. The moments that immediately follow your arrest are crucial; how you choose to react and the decisions you make in those moments have the power to shape any repercussions you face. Understanding your rights and the liberties you have because of them can make all the difference in the results of your case.

Your Four Basic Rights Following Your Arrest

We’ve all heard these rights before, whether on television, in movies, or through stories from neighbors who have experienced an arrest. Also known as "Miranda rights," these famous lines give us an immediate snapshot of what we can and cannot do upon arrest, as well as what powers authorities do and do not have to exercise against you. The moment you are taken into custody, the U.S. Supreme Court requires that law enforcement informs you of the following:

1. You have the right to remain silent. (This is a Constitutional right).
2. Anything you say can and will be held against you in a court of law.
3. You have the right to an attorney; if you cannot afford an attorney, one will be provided for you.
4. You may choose to have your attorney present during interrogation.

Authorities and their Limitations

Once law enforcement has read your basic rights, they are required to respect them, meaning they cannot force you to answer questions or sign any paperwork. They cannot force you to talk whatsoever. Additionally, they cannot withhold any phone call privileges you have once you are taken into custody. You have the right to make a reasonable amount of telephone calls once you are taken into custody. You may contact an attorney and a friend or family member of your choice. You also retain the right to receive an itemized receipt for any property or money that is taken from you upon arrest.

Exercising the Rights Granted to You

Asserting your constitutional rights during and after your arrest is important for your case as a whole. By utilizing the permissions granted to you, you increase the chances of receiving a fair and reasonable trial. You need to work with a skilled, competent Chicago criminal defense attorney to ensure your rights are protected, but you also need proper legal representation as quickly as possible to secure any evidence that may be used in your defense or for prosecution. Evidence surrounding your offense is perhaps one of the most critical factors in the outcome of your case. If you have been accused of a crime, call the Luisi Legal Group at 773-276-5541 for a free initial consultation today.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

http://www.icjia.state.il.us/assets/pdf/ResearchReports/Policies_and_Procedures_of_the_Illinois_Criminal_Justice_System_Aug2012.pdf