Getting arrested can be a frightening experience, especially when it happens the first time. Even if you are guilty of the charges that have been launched, there are still certain rights that are afforded. Taking steps to protect your rights during and after an arrest is essential. Without knowledge of your rights, they can easily be infringed upon.
What Should You Know About Miranda Rights?
When you are arrested, the Miranda Rights must be read, but many people are so nervous and upset over the arrest they do not listen. Having full knowledge of the rights you hold is essential as a US citizen. Knowing your rights will assist you in taking Title IX actions.
You have the right to remain silent and the right to have an attorney present before you are questioned. Many people become angry over arrests and end up speaking too much on the subject, inadvertently incriminating themselves. It is wise to remain silent at all times and wait until an attorney has been hired to represent you before submitting to questioning.
Steps to Take During an Arrest
Although you have rights that protect against wrongful arrest and mistreatment by the police, there are also certain responsibilities individuals must adhere to in the arrest process. One of the first steps that should be taken is paying careful attention to the Miranda warning. Taking the following steps will help to ensure the risks of problems during an arrest are greatly reduced.
- Try to remain calm and polite at all times.
- Do not interfere with the police in any way.
- Never lie or attempt to give false documents.
- Try to remember all of the details of the arrest.
- Say you want to remain silent and ask for a lawyer.
- Follow all instructions given to you by the arresting officers.
Panicking is one of the worst things you can do when under arrest. When people are panicked, they are more likely to make mistakes that place the protection of their rights in jeopardy. Remaining calm and following directions, despite the actions of the officers, will help to protect your rights.
What Should You Do If Your Rights Are Infringed Upon?
If your constitutional rights have been infringed upon during arrest, you may be able to file a civil lawsuit under Section 1983 of the U.S. Code. It is imperative individuals under arrest do not do anything the police could use against them in the infringement charges. When an individual feels their rights are being infringed upon during arrest, they should remain calm and seek legal help as soon as possible.
Hiring a lawyer for help with a civil rights claim is the first step that should be taken. The lawyer will make their client aware of their full rights and how the law relates to these rights. Even a simple consultation with a lawyer can be beneficial in guiding you on the next steps to take.
An arrest can be a traumatic event that haunts a person for a long time. Protecting your rights during an arrest is a supreme responsibility. When a person’s civil rights are infringed upon there are steps that can be taken to pursue the matter in court. Being proactive and knowing your rights will help to protect them.