If
you get involved with the police it is important to know what your rights are
and where their boundaries lie. In this section we discuss how you should act
if you are placed under arrest and what rights you have.
Many people do not know precisely what their rights are when
it comes to encounters with law enforcement. What should you do if you are
approached on the street? What if it’s in your car? What happens if you are
arrested? In this final article we will discuss the third scenario, the unfortunate
incident of being placed under arrest.
The first thing that an officer must do upon placing you
under arrest is read you the Miranda warning (often mistakenly known as the
Miranda rights). This warning is protection against self incrimination and
comes from the 1966 case Miranda vs. Arizona in which a case was thrown out by
the Supreme Court because the accused was not advised of his rights to remain
silent or have an attorney present during his confession and therefore the
confession was not able to be used as evidence.
As a result, all officers are required to recite the
following upon placing an individual under arrest, “You have the right to remain silent. Anything you
say can and will be used against you in a court of law. You have the right to
speak to an attorney. If you cannot afford an attorney, one will be appointed
to you. Do you understand these rights as they have been read to you?”
This will protect you from self incrimination. You also have
the right to a phone call. The police cannot listen to a call to your lawyer
but they can listen to a call to anyone else. You must be taken before a judge
shortly after arrested, usually within 48 hours. Do not volunteer any
information, and ask to see your laywer.
If you or someone you know has been charged with a DUI
offense, it is imperative that you act quickly to hire an experienced DUI
attorney AZ. If you are a juvenile or your child has been charged with a
criminal offense it is even more important to a have an Arizona juvenile
defense attorney by your side so that yours or your child’s future is not
jeopardized.
