Many people don’t know how to conduct themselves in an encounter with the police. Though most of us are aware that we have certain Constitutional rights, we’re not always clear on what those rights are, or how we can uphold them. If you ever do find yourself arrested, though, it’s crucial to know what Constitutional protections there are, and the avenues available to you for exercising them.
In this post, we’ll look at just a few of the rights you need to know about, particularly should you ever find yourself arrested.
A Quick Guide to Your Constitutional Rights
You have the right to remain silent.
You’ve probably heard this phrase invoked by many a TV cop—but there’s nothing frivolous about it. One of your most important Constitutional rights, guaranteed by the Fifth Amendment, is your right not to incriminate yourself. It is the job of the police officers to prove that you committed the crime you’ve been accused of; you are not required to do this job for them.
The police should tell you that anything you say can and will be used against you.
It’s not enough for police to tell you that you may remain silent; they must also warn you of the consequences of self-incrimination. If they don’t, your rights have been violated.
You have the right to an attorney.
Another critical right is your right to have an attorney present when you request one—during any questioning, during any trial, etc. Note: You are not required to actually pay for an attorney, and the court must provide you with one if you can’t or simply don’t want to hire one yourself.
The police may not brutalize you.
No matter how serious the allegations against you are, you have the right to be treated humanely.
The police may not hold you without charging you.
If you were arrested on the charge of murder, the police need to gather evidence to formally charge you with that crime quickly—usually within 48 hours, though it varies by state. They cannot hold you forever without a charge.
You have the right to a presumption of innocence.
You’re innocent until proven guilty, and should be treated as such by all parties. This is a core American principle.
What About Bail?
Bail is not necessarily a Constitutional right, and in some cases, it may be denied to you—usually because you’re deemed a flight risk or the charges are quite severe. Much more often than not, however, the judge presiding over your case will set bail—and when that happens, you’ll want to get in touch with a bail bond company right away, ensuring your prompt release from jail.
Remedy Bail Bonds is a leading bail bondsman in Orange County, and we want to help those who find themselves in scary situations with the law. We’re here to help you get back home to your family, quickly and smoothly. Call us anytime you need a bail bond service.