Your Rights During an Arrest: What You Should Know (Pt. 1)

November 20, 2014

Dealing with law enforcement can be scary and stressful, especially if you are the focus of a criminal investigation and/or are being accused of a crime. While being scrutinized by police is far from ideal, the good news is that knowing your rights in these situations can help you significantly protect yourself.

Knowing your rights during an arrest can help you protect yourself and avoid strengthening cops’ case against you. You can also call us for the best defense against police and prosecutors.

Knowing your rights during an arrest can help you protect yourself and avoid strengthening cops’ case against you. You can also call us for the best defense against police and prosecutors.

In this three-part blog series, we will point out what people should know about their rights during an arrest. By remembering even some of these rights, people can start appropriately defending themselves as soon as possible, and this can be invaluable in the event that criminal charges are ultimately filed against people.

Regardless, however, people who end up being accused of crimes can turn to the Montgomery and Birmingham criminal defense attorneys at Joe M. Reed & Associates, LLC. Our lawyers are experienced, skilled and dedicated to supporting the ideal that the accused are innocent until proven guilty.

Your Rights During an Arrest: What You Should Do

If you are being questioned by police and the possibility of an arrest seems imminent, here’s what you should know about what your rights and how you should exercise them. You have the right to:

  • Only disclose your name – When police detain you, by law, you must tell them at least your full legal name. That, however, is the only thing you must fully tell them because your Fifth Amendment right allows you to remain silent.

    So, quiet any urges that you may have to fully explain what is (or was) going on when police start questioning you. Instead, disclose your name and minimal (if any) other information. If you start talking about an incident, you could open up a door that allows police to have probable cause to arrest you, interrogate you and try trick you into saying things you don’t necessarily mean or want to say.

  • Deny law enforcement officials’ requests to search you or your property – When law enforcement officials ask you to submit to a search (either of your person or your property), this means that cops do NOT have a right to legally conduct these searches without your permission or a search warrant.

    So, don’t give police more opportunities to find or gather potential evidence against you. Politely say no to any search requests. Saying no to such search requests is your Fourth Amendment right (which protects you against illegal search and seizure); it doesn’t mean you have anything to hide, and saying no search requests cannot be used against you later if criminal charges are filed (in other words, prosecutors will not be able to say that your refusal is reason to suspect you further).

For our continued discussion regarding what you should do to protect your rights during an arrest, be sure to check out the additional parts of this blog series that will be posted soon.

Montgomery and Birmingham Criminal Defense Attorneys at Joe M. Reed & Associates LLC 

Have you or someone love you recently been arrested and accused of a crime? If so, you can count on the Montgomery and Birmingham criminal defense lawyers at Joe M. Reed & Associates LLC to be aggressive advocates for your rights. For more than 16 years, we have been dedicated to the pursuit of justice in every case we oversee, and our experience, dedication and extensive knowledge of the law makes us effective at helping our clients obtain the best possible outcomes to their cases.

Let’s discuss your case and your best options for your defense. To set up this meeting today, call us at (334) 834-2000, or email us using the contact form at the top of this page. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.

Categories: Blog, Criminal Defense