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What to do if you are arrested...
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When you are arrested, you are
taken into custody. This means that you are not free to leave the scene.
Without being arrested you can be detained or held for questioning for a
short time if a police officer or other person believes you may be involved
in a crime.
Whether you are arrested or detained, you do not have to answer any
questions except to give your name and address and show some identification
if requested |
What Rights Do I Have?
When you are arrested you have certain rights. Before the law enforcement
officer questions you he or she should tell you that:
 | You have the right to remain silent |
| Anything you say may be used against you |
| You have the right to have a lawyer present while you are being
questioned |
| If you cannot afford a lawyer, one will be appointed for you |
When Should I See a Lawyer?
If you are arrested or the police want to question you, you should seek
legal advice as soon as possible. An attorney can give you a better idea of
what to say or not to say to avoid being misinterpreted or misunderstood.
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Once I am Told My Rights, Can I Be Questioned?
You can be questioned, without a lawyer present, only if you voluntarily
give up your rights and if you understand what you are giving up. If you
agree to the questioning, then change your mind, questioning must stop as
soon as you say that you want a lawyer. If the questioning continues after
you request a lawyer and you continue to talk, your answers can be used
against you if you testify to something different.
When Should I See A Lawyer?
If you are arrested for a crime, particularly a serious one, you should
contact a lawyer as soon as possible. He has a better sense of what you
should and should not say to law enforcement officers to avoid being
misinterpreted or misunderstood. The lawyer also can advise you or your
family or friends on the bail process. |
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