An arrest is different than a stop. If you’re stopped by police for brief questioning and the police want to hold you longer, or decide to take you elsewhere such as the police station, you are no longer being stopped, you are being arrested. Legal procedures during and after the arrest need to be followed by the police. When a person is arrested, there are a series of events that follow.
Your Fifth Amendment Miranda Rights When Being Arrested
When a person is arrested for suspicion of having committed a crime they still have certain rights that are required to be explained to them before any questioning can start. These rights are there to protect your Fifth Amendment right to be free from any chance you may incriminate yourself and are called Miranda rights. The warning is read as followed.
1. You have the right to remain silent and refuse to answer questions.
2. Anything you say may be used against you in a court of law.
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
5. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
It’s important to note that Miranda rights are only read when someone is in the custody of police and under interrogation so it won’t apply to situations like traffic stops.
Police Procedure When Arresting & Booking Someone
Being stopped by the police may lead to you being “patted down” or frisked of your outer clothing to determine if you might be concealing a weapon. If you end up being arrested, you may have a full-blown search of your person performed along with the immediate surroundings to look for additional weapons, contraband, stolen items or evidence of a crime. Your car will also be searched if the police take possession of it. An inventory of all your belongings will be compiled and the items secured. You will be required to sign the inventory so make sure you only sign it if you agree with the list of items in the inventory. After you are arrested, you will be booked. During booking, the police will collect basic identifying information like your address and birth date. You will be photographed and fingerprinted and you may also be required to be in a line-up or give a sample of your handwriting. If you are detained without being booked, your attorney may obtain a writ of habeas corpus from a judge. This order is issued by the police that requires the police to bring you before the court to decide if you’re being lawfully held.
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No one wants to be arrested, but should it happen, you will most likely need help from a bail bond company. Ajua Bail Bonds have the experience to get a loved one out of jail quickly. Contact us for discreet and confidential bail services!
