Understanding Your Rights When Charged with a Crime

Being charged with a criminal offense is extremely serious. The defendant’s freedom, reputation, finances, employment, and personal life can all be at stake. When an individual is detained or arrested, it is important that they understand their legal rights.

A police officer can detain a suspect at the scene of an alleged crime for questioning, within reason. For example, a person found near the scene of a robbery carrying a large box can be detained. The suspect, however, does not have to answer any questions.

One of the most important aspects of criminal rights is Miranda rights. When a suspect is arrested, a police officer must read them their Miranda rights, which are guaranteed by the U.S. Constitution. The Miranda rights give the suspect the right to remain silent, the right to an attorney, or the right to a publically appointed attorney if they cannot afford one. If the suspect chooses to speak without an attorney present, anything they say CAN be used against them. Some aspects of Miranda rights can be confusing, such as if a suspect voluntarily gives information after requesting an attorney but still without legal representation. Lawyers can argue which statements are lawful based upon Miranda rights. After being booked into jail, a suspect has the right to make a local phone call.

In some circumstances, suspects are required to give physical evidence. This is especially significant when driving under the influence is suspected. If the suspect refuses to take a blood alcohol level test, their license can be suspended and the refusal can be used against them during any criminal proceedings.

An arrest warrant is a document signed by a judge that gives law enforcement agents the right to apprehend the suspect named in the warrant. A described suspect can be referred to as “John Doe” if their name is unknown. Once the warrant is official, officers can arrive at the home or work of the suspect, identify themselves, and announce the arrest. They can search the area immediately around the suspect but must have a search warrant for any further gathering of evidence. A warrant is not always required when arresting someone at their home if the police believe that the suspect is an immediate threat to society.

In all cases, it is best to immediately consult an attorney when under arrest for a crime.