(US law) Getting arrested by the police is usually a scary experience especially if the individual has never been arrested before. Most people do not know what rights they still have once they have been arrested. This is a sad state of affairs as it makes it very easy for their rights to be denied. The victim will not even know that his or her rights are being denied since he or she does not know these rights in the first place. Here is a quick look at some of the rights which arrested persons still enjoy.
First and foremost, all arrested persons have the right to information. What this means is that the victim must be told why he or she is being arrested. It is not legally acceptable to arrest and detain an individual without giving reasons for the arrest and subsequent detention. The victim is by law allowed to demand to know from the arresting authority why he or she is being arrested if an explanation is not forthcoming.
There is also the right to remain silent, or what is commonly referred to as the ‘Miranda Rights’. There are four main components that make up the Miranda Rights. First is the right to remain silent as earlier mentioned. The arresting authority cannot and should not force the arrest victim to answer any questions without legal counsel. Any answers given should be given voluntarily.
If the victim chooses to answer any questions, the answers he or she gives can be used against them in a court of law. This is the second component of the Miranda Rights.
An arrested victim also has the right to a legal representative or an attorney. This is the third component of the Miranda Rights. The arrest victim has the right to call up a lawyer who will speak on his or her behalf. If you looking for an attorney or just information about criminal law in Michigan, visit http://www.theclarklawoffice.com/practice-areas/criminal-law/ The victim also has the right to a state- appointed attorney in the event that he or she cannot afford to hire a personal attorney, which is the fourth and final provision under the Miranda rights.
It is also very important to remember that an arrest victim has the right to be heard by a judge on whether he or she should be held in custody until the date of the trial. An arrest does not necessarily mean that the victim has to stay in jail until the hearing is complete. In the same breath, arrest victims should be aware that it is against their legal rights for them to be detained indefinitely without trial. There is a maximum duration for which one can be detained without trial. Once this duration is over, the victim can seek redress from a court of law.
It is also worth pointing out that a victim has the right to humane treatment in as much as he or she may be on the wrong side of the law. The presumption of innocence until proven guilty means that the victim should not be subjected to any form of bodily harm, or violence as a result of the arrest. This is however only applicable if the victim cooperates with the arresting authority.
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