A Toledo Criminal Law Attorney Breaks Down Your Rights After You’re Arrested
August 29, 2014
Know Your Legal Rights If You’re Arrested in NW Ohio
Do you know what your legal rights are if you are ever arrested? If you’ve ever seen those police dramas on TV, you may think that you do. But, chances are, you probably don’t have a complete understanding of what those rights actually are and mean. That’s why, it’s important to hire a skilled attorney if you’ve been arrested and accused of committing a crime. Whether you are truly guilty or not, you still have rights guaranteed to you that need to be protected. If you don’t know what those rights are, you need to have a Toledo criminal law attorney stand beside you who does.
The beauty of the American Justice System is that you are innocent until proven guilty. This is your legal right. That means, it is the responsibility of the police or your prosecutors to prove beyond doubt that you committed the crimes you’ve been charged with. Your defense attorney will make sure that right is afforded to you.
In the unfortunate event that you are arrested for allegedly committed a crime, here is a breakdown of some of the things you can expect.
Why can you be arrested?
You can be arrested for a variety of reasons. These reasons can be based upon both misdemeanor and felony charges.
- Police must have reasonable cause to believe that you’ve broken the law.
- Law enforcement officers witness you breaking the law, or attempting to do so.
- Police have a warrant out for your arrest.
However, it must be stated that police cannot legally arrest you because they don’t like you, your family members, or the people you associate with. They must have a legitimate reason to believe you’ve committed a crime.
What are police legally allowed to do if they arrest you?
- Search your body- If police have grounds to arrest you, they can search your body, clothes, etc…
- Search your belongings- Police can search your bags, purses, or anything that you may be carrying with you at the time of your arrest.
- Search your car- If you are in a vehicle at the time of your arrest, police will most likely search your automobile for other signs of illegal activity.
- Search your home- In order for police to search your home or place of residence, they must have a previously obtained search warrant to do so. They cannot come into your home and look around or search your belongings inside without that warrant.
Your Legal Rights After an Arrest
You’ve probably heard about Miranda Rights before, but in case you are unsure about what this means in detail, here’s a simple explanation. Your Miranda Rights are a simple saying that expresses your rights while you are held in custody. Although the exact wording can vary, in Ohio, the general phrasing typically goes:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you. Do you understand the rights I have just read you?
What you may not understand is that police don’t necessarily have to recite this statement to you at the initial onset of your arrest. But, if police wish to use your statements as testimony at a later date, then they must read you these rights before they formally interrogate you.
Additional rights if you’re arrested
- You do not have to speak to police without a lawyer present.
- You do not have to sign any statements regarding guilt.
- Police must tell you that they have a court order for your arrest.
- You have a right to a jury trial. However, you must plead not guilty in order to receive this.
Utilizing the knowledge and skill of a defense attorney can help you guarantee that all of your legal rights are protected if you are ever arrested. When the moment comes, you might not know what to say or do. And protecting your rights might be the furthest thing from your mind as you process what’s happened. That’s why it’s important to have someone there to help in your time of need.
In situations like these, it can be easy for law enforcement to unintentionally, or sometimes purposely, violate these rights in order to get the answers and evidence they want. As a criminal law attorney in northwest Ohio, I’ve been defending individuals for many years now, and it’s my duty to ensure that you receive the full and proper treatment that you’re entitled to now. Contact me today, and schedule a free initial appointment so we can sit down and discuss your case.
Contact Michael E. Bryant’s Toledo, OH law office today to get the justice you deserve.
Find Michael E. Bryant online at www.mebryantlaw.com, visit our law office in Toledo, OH on the second floor of 1119 Adams St. or call us at (419) 243-3922.