There is no question that being arrested is traumatic. Emotions are running high and physical force may have been used. Words can be spoken that can’t be taken back but could change the course of someone’s life.
Every citizen who has been accused of a crime has guaranteed rights. An attorney will not be present during the arrest and for some period thereafter, so it’s important to be aware of one’s legal rights and to get an attorney as soon as possible. There are many rights, but the following are the most important during that critical time right after the arrest.
The Right to Remain Silent
Everyone knows of this right, but it’s easy to forget when it’s needed the most. No one can be forced to incriminate themselves. It isn’t necessary to make the police’s case for them. This is the first right quoted in the Miranda warning and the most important. If someone is forced to speak, then their rights have been violated.
Anything That Is Said Will Be Used Against You
Believe it. Prisons are full of people who talked themselves into a conviction. If someone is told that they have the right to remain silent but are not told that anything they said could be used to convict them, then that omission is also a rights violation.
Ask for an Attorney
This is an absolute right of anyone who is under arrest. Don’t bother protesting that it’s all a mistake. No one cares. Ask for an attorney to be present during questioning, in front of witnesses if possible. If the police don’t allow an attorney to be present during questioning, this is a very important rights violation.
Once a criminal law attorney in Emporia KS has been requested, the police may not ask questions until the attorney arrives. This is true each time the police want to ask questions.
It is much better to have an attorney present before any questioning, but an attorney can be requested at any time. As soon as the request has been made, questioning must stop until the attorney arrives.
It’s the job of a criminal law attorney in Emporia KS to protect your rights after being arrested. Just remember to remain silent and ask for an attorney. Contact Helbert & Allemang Law Offices if you need a skilled and experienced attorney you can really trust.
