Knowing Your Rights After Being Arrested in Arizona
One beauty of the 21st Century is the existence of human rights. These rights apply to everyone, although with specific qualifications and conditions. So, even if the police arrests you in Arizona, you still have certain fundamental human rights. These rights ought to be respected by the arresting officer.
It is essential to understand your rights during arrests in Arizona. The rights of arrestees are primarily for their protection. Ignorance of these rights can get you into legal trouble. If you are unaware of your rights, you may not know when the police tramples on them. Ignorance also means that you may be unable to seek redress for the breach.
Rights of Arrestees in Arizona
Some of the rights of arrested persons in the state of Arizona include:
The Right to Remain Silent
The right of silence is a very vital right of an arrestee. Some people think that they can make a matter go away or be resolved quickly by speaking to the police. This is a lie that the police will also want you to believe. However, this is false. It is easier to talk yourself into a conviction.
If you are arrested, it is best to exercise your right granted by the Fifth Amendment to the US Constitution and remain silent. Do not say anything to the police until your attorney arrives. Politely inform the arresting or interrogating officer of this decision and keep quiet. Then wait for your attorney to come and guide you.
Your Right to Legal Representation
If the police arrest you, you have the right to be represented by a lawyer. Your lawyer has the right to be present with you during all interrogations and other encounters with the police. Even if you cannot afford a lawyer, the state will appoint one for you. Ensure that you have an attorney present with you at all times and follow their directions when dealing with the police.
Your Right Against Unreasonable Searches and Seizures
In Arizona, you are free from unwarranted searches and seizures. You have the right not to be searched by the police. The law also protects your property from unreasonable seizures. However, just like other rights listed here, you can waive this right and let the police search you. Although, waiving this right is inadvisable.
A police officer can only search you without your consent or a warrant if he or she reasonably suspects that you are carrying an illegal or dangerous substance. Anything found on you from an unlawful police search may be inadmissible as evidence in court.
The Police Has a Responsibility to Read You Your Rights
In 1966, the U.S. Supreme Court established what is now known as “Miranda rights or warning” in Miranda v Arizona. The import of this judgment is that when making an arrest, the arresting officer must advise the arrestee of their rights. Chief among these rights are the rights of silence and the right to legal representation during interrogation.
If a suspect is not informed of his rights at the time of the arrest, it doesn’t mean that they will go free. It only means that any information they gave to the police may be inadmissible as evidence in court. Only the arrested individual has the right to waive these rights at any time.
Get the Best Defense Counsel
If the police have arrested you, it would be best if you sought a criminal defense attorney. A criminal defense attorney is in a great position to prevent your rights from being abused by the police.