How Do I - Tutorials and Guides For Important Stuff

How to do all sorts of things

May 8, 2011

AAA Attorney referral service discusses your Rights if arrested

by @ 1:03 pm. Filed under Arrest Warrants

Author: lisa

If You Are Arrested in Fort lauderdale or any place in Florida

Hadcuffs for arrest

Find Arrest Warrants now
 

The information below is not legal advice. Be sure to contact a local criminal defense attorney or attorney referral service to be referred to a croiminal defense attorney in your area.

If you are a law-abiding citizen, your chances of being arrested are slight. It is important, though, that you know “Your Rights If Arrested.” An informed and alert individual is the best guarantee that your rights will be upheld during a criminal or DUI arrest.

The basic rights of a citizen under arrest are stated in the Fifth, Sixth and Eighth Amendments of the “Bill of Rights” of the United States Constitution.

– “No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law . . .” (Fifth Amendment).

– “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.” (Sixth Amendment).

– “Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted.” (Eighth Amendment).

Since the adoption of the Fourteenth Amendment to the Constitution, the states have also had to guarantee these rights. This amendment provides: “No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States . . .”

Many of the provisions found in the “Bill of Rights” of the U.S. Constitution also appear in the “Bill of Rights” of the Illinois Constitution. The following discussion is based upon both constitutions and upon other laws governing the citizens of this state.

WHO CAN MAKE A CRIMINAL ARREST:

Any law enforcement officer such as a policeman, sheriff, deputy sheriff or state trooper can make a lawful arrest. The arrest may be made with a warrant or, under certain circumstances, without a warrant.

A warrant is an order describing the person to be arrested and the charge made; it is issued by a magistrate or judge upon the complaint of someone. It directs all law enforcement officers of the state or, in some cases, authorizes a private person by name to arrest the person named in the complaint. The arrested person is to be brought before the Court issuing the warrant or, if that is not possible, before the most accessible Court in the same county.

A law enforcement officer must have a warrant for your arrest unless one of the following circumstances exists:

* The law enforcement officer has reasonable ground to believe that a warrant for your arrest has been issued in this state or in another jurisdiction.
* You committed or attempted to commit a crime in the presence of the officer.
* The officer has reasonable ground to believe both that a crime has been committed and that you are the person who committed it.

CITIZEN’S CRIMINAL ARREST:

A private citizen may make an arrest under certain circumstances. The law permits a citizen to detain, or place under arrest a person who commits or attempts to commit a criminal offense in his presence other than an ordinance violation. All the person making the arrest has to do is prevent the accused from leaving. He may take the person by the arm and say something like, “Stop. I’m holding you for the police.”

WHAT NOT TO DO IF FOR A CRIMINAL ACT:

Do not resist a law enforcement officer who attempts to arrest you - even if you are innocent. The fact that you are innocent will not make the arrest illegal if the officer’s action conformed to the requirements of a legal arrest as stated above.

If the arrest is legal and you resist, you may be guilty of the crime of resisting lawful arrest. If the arrest is illegal, you are entitled to bring an action against the law enforcement officer for false arrest.

It is best not to resist a citizen’s arrest, although you can’t be prosecuted for resisting arrest. You may be found guilty of assault and battery.

The person making a citizen’s arrest cannot be liable for damages for false arrest if he had reasonable ground for believing a crime had taken place and you are the person who committed it.

Do not resist a law officer’s attempt to search or “frisk” you. It is legal for an arresting officer to search your person and the area in your immediate presence.

Even if he does not arrest you, an officer - after identifying himself - may stop you in any public place if he has reason to believe that you have committed, are committing or are about to commit a crime. He may demand your name and address and an explanation of your actions. If he reasonably suspects that he or another is in danger of being attacked, he may search you for weapons.

YOUR RIGHTS AFTER ARREST

The U.S. Supreme Court has ruled that as soon as you are taken into custody you must be informed of the following:

1. You have a Constitutional right to remain silent.
2. Anything you say can be held against you.
3. You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you.
4. If you choose, you may have a lawyer present during interrogation.

In addition to advising you of your rights, the arresting authorities must respect your rights. For example, you cannot legally be required or forced by a police officer or any one else to talk, to answer questions, or sign any papers. If by threats, by persistent questioning or other means of coercion, you are forced to give incriminating information, you can prevent its use against you in court.

Within a reasonable time after you have been taken into custody, you have a right to make a reasonable number of telephone calls or otherwise communicate with an attorney of your choice and a member of your family. If you are transferred to a new place of custody, this right of communication is renewed. If you are not a U.S. citizen, you must be informed without delay of your right to contact your local consulate or embassy. Consular officials may visit you, help you arrange for legal representation, and contact your family.

You have a right to an itemized receipt for all money and property taken from your person after you are taken into custody.

You have a right to be “booked” within a reasonable period of time. “Booking” is the entry of a charge against you in a record called the “arrest book” or “police blotter.”

Should your detention go beyond a reasonable period of time without booking (more than several hours or perhaps overnight), your attorney may go to a judge and obtain a writ of habeas corpus. This is a Court order instructing the police to bring you before the Court so that a judge may decide whether you are being held lawfully.

OBTAINING RELEASE ON BAIL

You have a right to apply for and post bail as a means of obtaining your release from custody. The Court will normally set bail, even with a charge of murder or other serious crimes, unless the proof is evident or the presumption is great that the person is guilty of the crime.

Bail is the money or other security you deposit with the Court as an assurance that you will appear for trial. The Court will accept property (real estate) as bail provided certain detailed conditions are fulfilled.

YOU MAY WANT TO CONTACT A CRIMINAL DEFENSE ATTORNEY TO DISCUSS:

If there is a warrant for your arrest, the amount of bail will be stated on the warrant. For certain minor offenses the amount of bail is fixed by a judge and you have a right to be brought before a judge for that purpose at the next regular Court session. Or, you may be released on your own recognizance - that is, your own word that you will keep your date in Court.

YOUR RIGHTS IN COURT

You have a right to a reasonable time to prepare a defense before being tried in Court. Whether or not you declined your right to be represented by counsel during police interrogation, you have the right to be represented by counsel in Court. You are entitled to a reasonable time to obtain a lawyer of your own choosing. If you want a lawyer and cannot afford one, the Court must appoint one to defend you.

You are entitled to know the charge against you and to have, without cost, a copy of the formal paper that contains the charge.

CONTACT A CRIMINAL DEFENSE ATTORNEY TO DISCUSS YOUR RIGHTS:

You are entitled to plead “not guilty.” If you do so you will be tried by an impartial jury unless you specifically waive your right to a jury trial.

You are not required to testify if you do not wish to do so. If you do not testify, neither the judge nor the jury can consider your silence as evidence of guilt. In the eyes of the law you are innocent unless proven guilty beyond a reasonable doubt by the evidence presented in Court.

If you are not a U.S. citizen, the judge must inform you, before accepting a guilty plea, that a criminal conviction could result in immigration consequences, including immigration detention (custody) and deportation from the United States.

How you plead and whether you testify are vitally important questions and you should have the advice of a criminal defense attorney/ lawyer. An attorney referral service can be a good source for helpin you loocate a criminal defense attorney quickly.

If you have questions about the application of the law in a particular case, consult a criminal defense lawyer. The law is constantly changing.

Article Source: http://www.articlesbase.com/criminal-articles/aaa-attorney-referral-service-discusses-your-rights-if-arrested-3101950.html

Inteligator logo

Inteligator for unlimited free arrest warrant searches

About the Author

Lisa Spitzer, CSW, MSW, CRC, is the energy behind AAA Attorney Referral Service. Lisa is a graduate of NYU School of Social Work and consulted at psychiatric, geriatric and physically disabled facilities for 10 years. She also did an undergraduate internship at a facility for the criminally insane and family court in downtown Brooklyn. Lisa Spitzer worked as a director of a geriatric facility for 3 years. Ms. Spitzer understands the frustrations of crisis situations. Life has become so complex that virtually everyone needs to consult with a lawyer at some time. In short, a well-chosen lawyer can be one of your greatest assets. Ms Spitzer is the owner of aaa attorney referral service. criminaldefensenetwork.org aaaattorneyreferralservice.com

Leave a Reply

You must be logged in to post a comment.

Arrest Proof Yourself Book Review
Arrest Proof cover image The author was a law enforcement officer before he trained to be a lawyer. He now defends people in the criminal courts. In his book he reveals how cops think and provides you with real-world advice in an entertaining and readable manner.
Check For Warrants - Even Royals Don't Escape Arrest And Jail
Lady Penelope's pink limo Emma went to the royal wedding, has been a successful TV presenter and once posed as Lady Penelope standing next to the pink FAB 1 car. So how did she end up with an arrest record then thrown into a cold and dirty jail cell for hours?
Arrest Warrant Search - What Do I Do When I Get Arrested
Girl arrested and in jail Doing an arrest warrant search can help you to avoid getting yourself arrested but what should you do if you do fall under police arrest? Most people think that they should be truthful and honest if you have nothing to hide but that often isn't the case at all
How To Tell If Someone Is Lying | Are They Married Or Not?
Young couple in love Got a new boyfriend or girlfriend? Things are going great and you're thinking of taking your relationship to the next level. You might be thinking of getting a place together or even a bank account because right now you can't ever see the two of you being parted. He's asked you to marry him but do you really know him? How do you know that he's not married already and that he's just saying things that you want to hear? You need to start listening really carefully because he might just be lying to you.
Active Arrest Warrants | How Do I Check For Arrest Warrants?
Man looking up arrest warrants online Simple ways to find out if you have an arrest warrant. Find out why you might have an active arrest warrant even if you never committed an offence and why you should check for warrants regularly. Failure to do this could cost you money and be very embarrassing.
Free Warrant Search - How Do I Search Free Arrest Warrants
Jail cage You don't have to spend hours doing a free warrant search and you don't have to pay a private investigator a fortune either. You can do it yourself in no time at all in the comfort of your own home. Find out how you can do it.
Criminal Records Checks | Are Our Juries Used As A Substitute For Evidence?
Inside a court room How sure are you that all the people that get convicted of crimes in the courts are criminals? If you think that every inmate of our prisons is guilty then you should read this article. You might change your mind after you see how our juries are being expected to decide cases based on little or no evidence. How can this be fair or just?
Arrest Records Are Public And Free
Public records building Did you know that Arrest records are public records and that you can access them as whenever you want to? Find out how you can use public records investigations web sites to help you get important information about friends, neighbors and employess.
Search For Warrants | How To Find My Warrants For free
Girl in handcuffs You can search for warrants and criminal records and other public records for free if you have the time. If you need more comprehensive information or you need it quickly then this can be done too.
Free Outstanding Warrant Search Tips Top 10
Judge Here are 10 tips to think about when you do free outstanding arrest warrant searches. They are simple, common sense tips but they are very important so don't skip this article. It might even prevent you from getting arrested yourself.
Free Arrest Warrant Search | Have I Got Any Active Arrest Warrants
Police bike Free arrest warrant searches can be done and in many cases a free search will satisfy your needs. But what if it doesn't? What if you have no idea where your warrant is or even if you have one or not. Find out how to search for your warrants for free and what you can do if the free search does not work for you.
Criminal Records: Just How Just Do You Think The Justice System Is?
The scales of justice Looking up criminal records and arrest warrants and records is something that anyone can do including you. It's powerful but you must use the information that you find responsibly. Not everyone you find is guilty even though they have been convicted.
Active Arrest Warrants - How To Find Warrants For Arrest Today
Police hat Find your outstanding arrest warrants and all sorts of other information using an online public records database. You can do it right from your PC, it's fully confidential and most searches should take less than 5 minutes.
Search Free Arrest Warrants | How to Find Your Warrants Using Public Records
Police bike patrol Information about Arrest Warrants is freely available and in many cases you can easily search for free to find the records that you're looking for. For the occasions where doing a free search isn't practical or it would take up too much of your time it's now possible to do a very fast and efficient arrest warrant search at a very affordable price.
Criminal Records | Facebook Can Get You A Criminal Record
Party Girl Facebook and social media is one of the best inventions of our time but it doesn't come without a cost. Posting without thinking can lose you your job and even get you a criminal record. Find out how to use it safely.
How to Check If You Have An Active Arrest Warrant
Police bike patrol The people who know how to check if you have an arrest warrant and who are the best placed to access accurate warrant records quickly, are the last ones you should ask to find out for you. It might surprise you to learn who these people are.
How To Find Names Of People Who Live On Your Street
Who lives in these houses Who lives on my street? Have you ever asked yourself that question? If you have then you are not alone because most people have no idea who their neighbors are or how to find out. As it happens there is a very easy way to check the people in your street. Find out how you can do it today.
How to Find Criminals In Your Area
Girl in prison Did you know how easy it is to evade an arrest warrant? Well it is easy and a lot of criminals are using this loophole in the legal system to get away with crimes. What this means to you is that there could be a lot more criminals living in your neighborhood than you might have thought. Find out who the criminals in your area are. You might get a surprise.
Find Criminal Records Check | Do You Know If Your Friends Are Criminals?
Girl in prison Criminals and thieves conceal what they do very well and most people are unaware when they have one or more in their band of friends. So how can you defend yourself against criminals if you don't know who they are? Here is a story that illustrates the problem well.
FBI Criminal Background Check - How Do I Get A Background Check On Myself
Background check fingerprint You can get an official FBI Criminal Background Check done at the FBI or you can use a public records web site which is cheap and fast and you can do checks on anyone you want to as often as you want to.


How Do I Blog:

Categories:

search blog:

archives: