An arrest can be frightening, especially if the police accuse you of a crime you didn’t commit. Fortunately, the presumption of innocence is the fundamental principle of the US criminal justice system. You’re innocent until proven guilty—until or if the criminal prosecutor presents compelling evidence proving guilt beyond a reasonable doubt.
In the meantime, several legal and constitutional rights protect you against self-incrimination and unlawful detention and ensure you receive legal counsel. Let’s review them to help you understand how to exercise your rights and ensure the police don’t violate them if you ever find yourself in custody.
The Right to a Speedy Trial
The US Constitution’s Sixth Amendment gives you the right to a speedy trial. That means the police can’t detain you for an unreasonable amount of time without the prosecutor officially charging you with a specific crime. Each state sets the limit, typically 48 or 72 hours.
Once the police book you into custody, you have the right to a phone call (maybe several, depending on the state). They can listen to and record it unless you talk to an attorney.
Your attorney can get a court order for you to immediately appear before a judge if law enforcement holds you longer than the state-determined time without filing charges. Either way, you see a judge for a formal arraignment. That’s an initial (bail) hearing when the court informs you of the criminal charges against you. Some jurisdictions also require you to enter a plea.
Unless you enter a guilty plea, the judge sets the conditions of your release and the date of your preliminary hearing or trial. If you haven’t committed a felony, and the judge doesn’t consider you a flight risk, they may allow an OR (Own Recognizance) release. That requires a written agreement you’ll appear in court. Otherwise, they’ll set bail for you to pay to return home while awaiting trial.
The good news is you can arrange a bail bond to pay only a portion of the bail (typically 10%). How do bail bonds work? A bail bondsman posts bail on your behalf, charging you a fee and requiring collateral (e.g., a car, property, stocks, jewelry, etc.) to guarantee you’ll appear for all court proceedings.
That’s beneficial if you can’t afford the bail. If you appear in court for all scheduled proceedings, the court refunds the bail money (regardless of the trial’s outcome), excluding court fees. Otherwise, the judge issues an arrest warrant, and your bail bondsman has the right to retain your collateral.
The Right to Remain Silent
You’ve heard the Miranda warning countless times in movies and TV shows, but hearing a police officer read you your Miranda rights is another story. Once they say, “You have the right to remain silent,” you can exercise that right according to the Fifth Amendment to the Constitution.
That right protects you against self-incrimination because “anything you say can and will be used against you in a court of law.” Even if you haven’t committed the crime that made you a suspect, the fear and stress of seeing yourself in handcuffs may cause you to say something that gives an impression of guilt.
Law enforcement officers must read you your Miranda rights before interrogation. Otherwise, the information you provide and the testimonial evidence they obtain while interrogating you will be inadmissible in court. The same goes if they violate your right to remain silent to coerce a confession. That will compel the court judge to exclude the confession from your criminal case.
However, the Miranda rule has exceptions. Besides waiving your right to remain silent, it doesn’t apply in routine booking procedures, emergencies (e.g., hostage situations), and when public safety is at risk.
The Right to an Attorney
The second part of the Miranda warning is, “You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” That includes having one present during interrogation once law enforcement officially charges you for a crime. If you invoke that right, the US Constitution’s Sixth Amendment will prevent the police from denying you legal counsel.
What if you don’t exercise your right to remain silent or your right to an attorney and change your mind during interrogation? You can invoke your rights then, compelling the police to stop questioning you until your legal representation arrives. However, the prosecutor can still use anything you’ve said up to that point against you in court.
That’s why choosing a qualified defense attorney is critical. They can protect your rights and may even file for charge dismissal if law enforcement violates them. They’re paramount for helping you navigate the criminal justice system, representing your best interests, and resolving your case.
Final Thoughts
Hopefully, you’ll never have to worry about being in handcuffs. However, if you ever find yourself in police custody, understanding your legal and constitutional rights will help protect your interests when interacting with law enforcement.
