What rights do I have?

You have certain rights, whether or not you are under arrest.

 

Before the law enforcement officer questions you, he or she must tell you that:

 

• You have the right to remain silent
• Anything you say may be used against you
• You have the right to have a lawyer present while you are questioned
• If you cannot afford a lawyer, one will be appointed for you.

 

These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, we will demand that any statements you made to the police not be used against you in Court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

 

Once I am told my rights, can I be questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different.

 

When should I see a lawyer?

If you are accused, arrested and ever questioned about a crime, you should contact a lawyer. He or she has a better sense of what you should and should not say to the law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family and friends of the bail process. You always have this right to talk to a lawyer!

 

Who can arrest me?

All law enforcement officers - such as police officers, county sheriffs, investigators in a district attorney's or an attorney general's office, and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole office also can arrest you.

 

They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you have committed a felony, such as an armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, and is usually punishable by imprisonment for more than one year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.

 

If you commit an infraction, instead of taking you into custody, they may ask you to sign a citation or notice. This is a minor offense, such as a traffic moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in Court. If you have no identification or refuse to sign, however, an officer may take you into custody.

 

When is an arrest warrant issued?

Usually a warrant is required before you can be taken into custody from your home. But, you can be arrested at home without a warrant if fast action is needed to prevent you escaping, destroying evidence, endangering someone's life, or seriously damaging property.

 

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed the crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description.

 

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.