Many individuals do not understand exactly what their rights are when . it concerns encounters with law enforcement. What must you do if you are . approached on the street? What if it remains in your car? What happens if you are . detained? In this last article we will discuss the 3rd situation, the unfortunate . occurrence of being put under arrest.
The very first thing that an officer should do upon putting you
. under arrest is read you the Miranda warning (often incorrectly referred to as the
. Miranda rights). This warning is defense versus 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 encouraged of his rights to stay
. quiet or have an attorney present throughout his confession and therefore the
. confession was unable to be used as evidence.As a result, all officers are needed to recite the
. following upon placing a private under arrest,” You can remain silent. Anything you
. state can and will be utilized against you
in a law court. You can
. talk to an attorney. If you can not afford a lawyer, one will be designated
. to you. Do you understand these rights as
they have been checked out to you?” This will secure you from self incrimination. You likewise have . the right to a phone call. The police can not listen to a call to your lawyer . but they can listen to a call to anyone else.
You need to be taken before a judge . shortly after arrested, typically within 2 days. Do not offer any . information< img src=" http://translist.org/wp-content/uploads/9UtwjL.gif” alt=”Free Reprint Articles” border=”0″/ >, and ask to see your laywer.