What Do I Do If I'm Arrested FAQ
Q: When am I under arrest?
A: Generally, you are under arrest when law enforcement officers take you into custody. In most circumstances, you are "in custody" if you do not feel free to leave or your physical ability to leave has been hindered significantly. However, you should be aware that if an officer has a reasonable suspicion that you were involved in a crime, the officer can detain you for questioning and this does not constitute an "arrest."
Q: What rights do I have if I am arrested?
A: People have a Fifth Amendment right under the U.S. Constitution against self-incrimination. The U.S. Supreme Court held in Miranda v. Arizona that when people are under arrest or taken into custody, they have a Fifth Amendment right to not make incriminating statements against themselves.
Therefore, when you are under arrest, officers will inform you that you have the following "Miranda Rights:"
- You have the right to remain silent
- Anything you say may be used against you
- You have the right to have a lawyer
- If you cannot afford a lawyer, one will be appointed for you
Q: After I'm told my Miranda rights, do I have to answer the officer's questions?
A: You do not have to answer the officer's questions, because you have the right to remain silent. Individuals should be aware, however, that in most circumstances if you do not assert your right to remain silent and you answer the officer's questions, your right to remain silent is considered waived, unless you assert that right later on during questioning. If you waive your right and answer the officer's questions, your statements could later be used against you in a court of law.
Q: When can I get a lawyer?
A: Based on your Fifth and Sixth Amendment constitutional rights, you have the right to be represented by a lawyer after your arrest and during all critical stages of the case after you are formally charged or arraigned. An arraignment is a court proceeding where the judge informs you of the charges against you, hears your plea, and handles the issue of bail.
Thus, as soon as practicable, you should assert your right to have a lawyer represent you. Even if you cannot afford a private lawyer, the court can appoint an attorney for you at the arraignment.
Q: Why should I get a lawyer?
A: A lawyer can help safeguard your rights and guide you through the criminal process. There are a multitude of issues that arise after you are arrested, such as what you should or should not say to police officers, bail amounts, understanding the charges against you, and the strength or weakness of the prosecution's case. Law enforcement and the prosecution are experienced and extremely knowledgeable about the criminal justice system. To level the playing field, you should consult an experienced criminal defense attorney to advise you of your rights, the penalties you are facing, and how you should proceed.
For an experienced and knowledgeable criminal defense attorney, contact Glenn A. Grampp, Attorney at Law, for a free initial consultation.
