Getting arrested is a scary thing. You may not fully understand what you did wrong, and you may not know what to say or do. Resisting arrest is one of the worst things you can do, but how can you protect your rights at the same time? Knowing your rights can make all the difference between hurting your case by mistake and getting out of jail. Here are the main rights you should know about when under arrest.
Know Your Rights
Right to Know the Reasons for the Detention or Arrest
When under arrest, you have the right to know why. The police performing the arrest must explain to you exactly why you are being detained in clear and simple language. With this information, you can have an idea of how serious the situation is, and can make an informed decision about how you want to handle the situation.
Right to Remain Silent
Police must inform you that you have the right to remain silent. The purpose of this right is to prevent you from saying something that could hurt your case and help the police put you in jail. In general, if you choose to remain silent, it cannot be interpreted as a sign that you are guilty. Whatever you say can be used against you in court, so staying silent is often the best plan of action, even if you think you can convince the police of your innocence.
Right to Oppose Unreasonable Searches and Seizures
The police must provide a warrant or have probable cause to search your person, home, files, and other possessions. Failing to provide proper reason for searching is a violation of your Fourth Amendment rights.
Right to Speak to a Lawyer
One of your primary rights when under arrest is the ability to speak to a lawyer. A lawyer can safely discuss your arrest and responsibilities with you, and help you figure out what to expect in the next steps. They can advise you on which questions you should and should not answer when questioned by police. After you have been arrested, police must follow these steps:
- Inform you of your right to speak with a lawyer of your choosing
- Inform you that you can get a legal aid lawyer at no cost if you need it
- Help you find a lawyer by giving you access to a directory
- Let you speak privately to you lawyer
Why You Should Know Your Rights for a Defense Strategy
Without knowing your rights for a defense strategy, you could seriously harm your case. Too often people who are arrested slip some information that ends up being used against them in court. Some mistakes people make when getting arrested include the following:
- Resisting arrest: This can be seen as a crime and can turn your arrest into a violent and dangerous situation.
- Saying too much: Remaining silent is your best option in this case. If you say too much, you could provide information the police could use against you. Simply answer the questions identifying yourself, but say no more.
- Admitting guilt to other parties: Be very careful who you admit your guilt to. Anything you say to anyone after being arrested could be overheard, recorded, and/or could be used against you in court. Go so far as disabling your social media accounts until your case is over.
- Agreeing to cooperate: Never agree to do anything without the help of a lawyer or bail bondsman. They can help you protect your rights and prevent you from making promises you cannot keep.
- Taking legal advice from someone unqualified: Legal advice is best left to the professionals. Never take advice from someone who isn’t a qualified lawyer or who doesn’t have your best interests in mind.
- Posting bail with a lawyer instead of a bail bondsman: This can become a conflict of interest because if your lawyer posts bail on your behalf, they have a financial stake. If you somehow miss your court date, you could lose your bond and end up worse off than you began.
How a Bail Bondsman Can Protect Your Rights
Although it is legal for a lawyer to act as your bail bondsman in Texas, it is not recommended. The best way to protect your rights after being arrested and get out of jail as quickly as possible is to hire a bail bondsman.
Depending on where you are and the crime you are accused of, jail time can be scary and dangerous. If you or someone you know has been arrested, there are options available when you work with a bail bondsman at PCS Bail Bonds. We can help you if you need to post bail. We provide 24-hour bail bonds for all kinds of charges including theft, drug possession, embezzlement, assault, and more. We can help you get collateral and offer 10% lower bond fees. Our experienced agents can help you obtain a bond in a fraction of the time.
We have professional memberships in several renowned associations including the Professional Bondsmen of Texas, Professional Bondsmen of Tarrant County, and Tarrant County Bar Association. We can help you if you live in Fort Worth, Texas and other municipalities in Tarrant County. We will process your request quickly and efficiently. Our bond agents are always on call and we can be down to the jail in under 30 minutes.
Contact us now by phone at 817-335-1655, at our e-mail, visit in-person, or fill out our bail bond request form. You can be confident that you’re working with experts who are dedicated to helping you.