Being placed under arrest is an incredibly scary experience. You are likely concerned about your future, and you may wonder if you will face jail time. You may think cooperating with the police is the best way to avoid these negative consequences, but that is not necessarily true. In fact, the more you cooperate, the worse it could be for your case. Below, our Columbus civil rights lawyer explains your rights, and what police can and cannot do during and after an arrest.
You have many rights under the law, even after you are placed under arrest. Under the Miranda warning, you have the right to:
Under the Miranda warning, you cannot face any penalties if you refuse to answer the police officer’s questions. You also have the right to call a family member or friend and tell them about the arrest. Contrary to what is seen on movies and in television, you have the right to more than one phone call, if necessary.
You also have the right to have your lawyer be there during any identification procedure the police want to hold, like a line-up. Lastly, unless you are charged with a capital crime, you have the right to have a reasonable bond or bail set, and the right to appear before a judge for a preliminary hearing as soon as possible after your arrest.
It is easy to assume that police officers can do whatever they want during an arrest. Fortunately, this is not the case. Police officers can search you for weapons, but their search options are limited. Under the Fourth Amendment, law enforcement must obtain a search warrant to conduct a search of your vehicle, home, or other possessions.
The only exceptions to this law are if you give your consent to the search, or if you are pulled over for a traffic stop. It is crucial that you never consent to a search, as it could seriously hurt your case. If you are pulled over for a traffic stop, police are not expected to obtain a warrant before they conduct a search because there is reason to believe you may simply leave the scene. Still, police must have probable cause that there is evidence of a crime in your vehicle, or that the search is necessary for their own protection, such as when they suspect you have a weapon in the vehicle.
You have many rights when arrested, but that does not mean law enforcement will always uphold them. At Marshall Forman & Schlein, our Columbus civil rights lawyer can advise you of your rights and will hold law enforcement accountable when they are violated. Call us today or contact us online to schedule a consultation and to learn more about how we can help.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.