If I am arrested for a criminal offense, what do I have a right to expect from the arresting officer?

The arresting officer will advise you of the charge against you. If you feel you are not free to leave, you are “in custody” and must be advised of your rights established by a United States Supreme Court case known as “Miranda.” You must invoke these rights, or they will not apply. You have the right to REMAIN SILENT; you may ask for an attorney to be present during questioning.

Remember: while being detained, or if in custody, or being arrested, you have this right to REMAIN SILENT, but it is something you MUST INVOKE on your own. It is true that anything you say can and will be used against you. You should speak to an attorney before making any statement or answering any questions. If you invoke Miranda and subsequently say ANYTHING (such as “where is the bathroom?”) the Miranda rights go away and you must immediately renew your right to maintain your silence, or you may be swiftly interrogated and your statements recorded for use. 

Information is power. Share it!

Related Topics