What Are Your Rights If You’re Arrested?
Getting arrested can be an overwhelming and frightening experience, but knowing your rights can make a significant difference in how your case unfolds. The U.S. Constitution and various legal precedents protect individuals from unlawful arrests and ensure fair treatment throughout the legal process. Here’s what you need to know about your rights if you’re arrested and how to protect yourself.
1. The Right to Remain Silent
One of the most well-known rights comes from the Fifth Amendment, which protects against self-incrimination. This means:
🚨 You are NOT required to answer questions from law enforcement beyond providing basic identification information (name, address, and date of birth).
🚨 If police start questioning you about a crime, you can invoke your right by saying:
“I am invoking my right to remain silent. I will not answer any questions without my attorney present.”
🚨 Anything you say can and will be used against you in court—so it’s often best to say nothing until you have legal counsel.
2. The Right to an Attorney
Under the Sixth Amendment, you have the right to legal representation. This means:
✅ You can request an attorney at any time during questioning or after an arrest.
✅ If you cannot afford a lawyer, the court must appoint a public defender for you.
✅ Once you request a lawyer, police must stop questioning you until your attorney is present.
Tip: Even if you are innocent, having a lawyer can prevent misunderstandings or self-incriminating statements that could hurt your case.
3. The Right to Know Your Charges
The Sixth Amendment also ensures that you must be informed of the charges against you. After an arrest:
🔹 The police must tell you what crime you are being charged with.
🔹 You have the right to a fair and speedy trial before a judge or jury.
If you don’t understand the charges, ask for clarification. Your attorney will help you understand the accusations and potential defenses.
4. The Right Against Unreasonable Searches & Seizures
Under the Fourth Amendment, law enforcement cannot search you, your home, or your vehicle without a warrant or probable cause. However, there are exceptions:
🔍 They can search you and your immediate surroundings after an arrest for weapons or evidence.
🔍 Your vehicle may be searched if officers believe it contains evidence of a crime.
🔍 Anything in “plain view” (like drugs or weapons on a car seat) can be seized.
💡 You can refuse a search if there is no warrant. Politely say:
“I do not consent to a search.”
5. The Right to a Phone Call
Most states allow at least one phone call after an arrest, though laws vary. You can use this call to:
📞 Call an attorney or request a public defender.
📞 Contact a trusted friend or family member to arrange bail or legal help.
⚠️ Be careful what you say—police may record non-lawyer phone calls and use them as evidence.
6. The Right to Bail (in Most Cases)
For many offenses, you have the right to request bail—a payment that allows you to be released from jail while awaiting trial.
💰 The Eighth Amendment protects against excessive bail amounts.
💰 If you can’t afford bail, you may request a bail hearing to argue for a lower amount.
💰 Some minor offenses may allow release on your own recognizance (ROR), meaning you promise to return to court without paying bail.
7. The Right to Fair Treatment (No Cruel or Unusual Punishment)
The Eighth Amendment also protects against:
❌ Police brutality or excessive force.
❌ Inhumane jail conditions.
❌ Denial of medical care while in custody.
If you experience mistreatment, document it and inform your attorney immediately.
What You Should Do If Arrested
✅ Stay Calm – Resisting arrest can lead to additional charges.
✅ Exercise Your Rights – Remain silent and request a lawyer.
✅ Do Not Sign Anything – Until your attorney reviews it.
✅ Take Mental Notes – Remember officer names, badge numbers, and witness details.
Final Thoughts
Being arrested is a serious matter, but knowing your rights can protect you from unlawful treatment and unfair charges. If you or a loved one has been arrested, contact an experienced criminal defense attorney immediately to ensure your rights are upheld and you receive the best possible legal representation.
⚖️ Need legal help? Contact Bourlon and Davis P.A. today for a free consultation.