Being arrested is just like being thrust into a turbulent storm. Confusion and uncertainty cloud the air around you, and amidst this tempest, it’s vital to anchor yourself with an in-depth knowledge of your rights to navigate the legal landscape with resilience and composure. While reaching out to Orange County bail bondsmen, and contacting legal counsel is crucial, you also need to understand the rights you are entitled to during the arrest. Need more information? Here’s a guide to help you out!
The Miranda Rights
Derived from the landmark Supreme Court case Miranda v/s Arizona in 1966, Miranda Rights are for individuals in custody by law enforcement. Law enforcement officers are required to read you your Miranda Rights when you are being arrested, and the components of the right include the following along with your right to remain silent:
- Right to Legal Counsel: You have the right to have an attorney present during police questioning. If you cannot afford an attorney, one will be appointed for you.
- Right to Stop Questioning: You can assert your right to remain silent or request an attorney at any point during the interrogation. Once you invoke these rights, law enforcement must cease questioning.
- Right to Understand: Law enforcement must explain your Miranda Rights to you in a way you can comprehend. If you have difficulty understanding English, interpretation services must be provided.
- Waiving Your Rights: If you answer questions without an attorney present, you are voluntarily waiving your right to remain silent and have legal counsel. It is crucial to consider the implications before making this decision.
- Impact of Failure to Provide Miranda Warnings: If law enforcement fails to provide Miranda Warnings when required, any statements you make during the interrogation may be deemed inadmissible in court.
Physical Search
During your arrest, the arresting officer can search you to avoid a loss of evidence, for their own safety, or to find evidence for the case. Typically, law enforcement officers do a “pat down” search or a cursory search of your clothes. But, at the time of your arrest, they cannot go any further than what’s necessary to ensure no weapons or evidence on you. As a part of your rights, you must remember that searches cannot be done solely based on hunches or gut feelings; there has to be a reasonable cause for a physical search, otherwise, it might be deemed as a violation of your rights.
Signatures
You must hand over all your immediate personal belongings when you are arrested and jailed. Undoubtedly, you have the right to receive an inventory of all the items in custody, but everything should be described with enough detail, so you can identify them later on. In addition, you do not have to sign a written statement, write one or pen your name into a sign-in book until your attorney asks you to do so and you want to do it.
Humane Behaviour
According to the 8th Amendment of the Constitution, everyone has the right to be treated with dignity and respect, even during an arrest. Understand the difference between lawful and unlawful arrests and if any arresting officer creates a situation that deprives you of your dignity or administers cruel and unusual punishment, consider it as a violation of your rights.
At Case Closed Bail Bonds, we understand that being arrested is taxing and difficult. If you need help with your bail, reach out to our bail bondsman in Orange County for posting bail. As one of the leading bail bonds services in Orange County, we can guide you through the intricacies of bail bonds and help you or your loved one to get out of legal custody as soon as possible.
