Protecting your rights during an arrest can make a huge difference in your detainment. Being arrested is a stressful and often confusing experience. However, understanding your rights can majorly impact how the process unfolds. For residents of Rogers County, knowing what to expect and how to respond during an arrest can protect your legal interests and help you navigate the situation effectively.
Your Basic Rights Under the Law
The U.S. Constitution guarantees certain rights to every individual during an arrest. Key rights to remember include:
- The Right to Remain Silent
Under the Fifth Amendment, you are not required to answer questions from law enforcement that could incriminate you. If you choose to remain silent, clearly state, “I am invoking my right to remain silent.” - The Right to an Attorney
You have the right to legal representation. If you cannot afford an attorney, the court will appoint one for you. It is wise to request an attorney as soon as possible to ensure your rights are protected. - Protection Against Unreasonable Searches
The Fourth Amendment protects you from unlawful searches and seizures. In most cases, law enforcement must have a warrant or probable cause to search your person, vehicle, or property.
Despite what you might be told during a stop, the above rights are federally protected. This means that even if you are told differently, the above rights remain in effect. It’s important to remember these constitutionally protected rights so you can enforce them.
What to Do During an Arrest
Interactions with police can often result in detainment. If this occurs, there are several steps you should enact. The following are a list of examples:
- Stay Calm and Composed
Arguing or resisting arrest can escalate the situation. Stay calm, follow the officer’s instructions, and avoid sudden movements. - Ask for Clarification
Politely ask the officer why you are being arrested. Knowing the charges against you can help you and your attorney plan an appropriate defense. - Invoke Your Rights
Once you’ve been informed of your rights (via the Miranda warning), you can assert them. Politely decline to answer questions without your attorney present.
Invoking your rights should not be an argument. Keeping a cool head while asserting your stance will go a lot further than aggression.
Common Mistakes to Avoid
- Talking Too Much: Even casual or seemingly harmless comments can be used against you in court. Remain silent except to request your attorney.
- Resisting Arrest: Physical or verbal resistance can lead to additional charges.
- Allowing a Search Without a Warrant: Unless law enforcement has a valid warrant or probable cause, you have the right to refuse a search.
While these aren’t automatic indicators of guilt, they do not help you look innocent either. The key to not making the situation worse is being silent and compliant without infringing on your rights.
How an Attorney Can Help
An experienced attorney can:
- Review the circumstances of your arrest to identify any violations of your rights.
- Advise you on the best course of action for your defense.
- Represent you in court and negotiate with prosecutors to achieve the most favorable outcome possible.
Rogers County has unique local procedures and practices that can impact your case. Claremore attorneys understand these nuances and can provide tailored guidance to protect your rights.
Tulsa Criminal Defense Attorneys
When it come to protecting your rights during arrest, having an attorney afterwards will help. The attorneys here at our firm are up for the challenge of ensuring you are constitutionally protected. Our Claremore criminal defense attorneys have the experience you need to fight for your rights. Call our team at Claremore Attorneys at 918-379-4872, or reach us through our Ask A Lawyer page.
