Understanding Your Rights If Arrested In Pennsylvania

You Have Constitutional Rights – Use Them Or Lose Them!

Being placed under arrest by police officers can be a stressful and emotional event. From the moment the cuffs are slapped on, you have Constitutional rights you can exercise no matter why you have been arrested, no matter what police departments or police officers are involved. This is true in Pennsylvania and throughout the county.

If a police officer knows these arrest rights – and they do – then so should you. Exercising your rights is the first line of criminal defense whether or not you have an attorney present, regardless of whether you are sitting on the curb, in a patrol car, or interrogation room.

What Are My Rights If Arrested?

If you have ever watched a cop show on TV you always hear the police officer saying “You have the right to remain silent…” Those are the first lines of the now famous and etched into law Miranda rights every person arrested has. However, you have many more rights than what you hear on TV.

The Supreme Court over the years has interpreted the Constitution and determined that a person arrested has many rights. They include:

1. The right to remain silent: This means that the individual has the right to refuse to answer any questions that law enforcement officials may ask them, without any negative consequences. They may choose to invoke this right by saying, “I want to remain silent” or “I want to speak with an attorney.”
2. The right to an attorney: If the individual cannot afford an attorney, one will be appointed for them. The attorney will represent the individual’s interests during the legal proceedings and help ensure that their rights are protected.
3. The right to be informed of the charges: The individual must be informed of the charges against them, and this information must be provided in a language that they understand.
4. The right to a speedy trial: The individual has the right to a trial without unnecessary delays. This means that the trial must take place within a reasonable amount of time after the charges are filed.
5. The right to a jury trial: If the charges are serious enough to warrant a trial, the individual has the right to a trial by a jury of their peers.
6. The right to confront witnesses: The individual has the right to cross-examine any witnesses who testify against them. This helps to ensure that the evidence presented against the individual is reliable and accurate.
7. The right to appeal: If the individual is found guilty, they have the right to appeal the verdict to a higher court. This allows them to challenge any errors that may have occurred during the trial or sentencing process.

It’s essential to note that this list of rights is not exhaustive, and other rights may apply depending on the specific circumstances of the case. It’s essential to seek the guidance of an experienced criminal defense attorney in Pennsylvania if you are a person facing criminal charges.

What Should I Do If Arrested Or Detained?

If you are arrested in Pennsylvania, there are several important steps you should take to protect your rights and ensure the best possible outcome for your case:

1. Remain calm: Being arrested can be a stressful and emotional experience, but it is important to stay calm and avoid any actions that could escalate the situation.
2. Exercise your right to remain silent: Remaining silent is critical since anything you say can be used against you in court. It is important to exercise this right until you have legal counsel present before any questioning.
3. Ask for an attorney: You have the right to an attorney, even if you cannot afford one. One will be appointed for you. You should ask for an attorney as soon as possible and wait for them to arrive before answering any questions.
4. Provide identifying information: You should provide basic identifying information, such as your name and date of birth, but do not provide any other information or answer any questions until you have an attorney present.
5. Cooperate with law enforcement: While you should exercise your rights, it is important to remain respectful and cooperative with law enforcement. Resisting or interfering with an arrest can result in additional charges.
6. Gather information: Take note of the names and badge numbers of the arresting officers, as well as any witnesses who may have seen what happened. This information can be helpful for your defense later on.
7. Contact a trusted friend or family member: Let someone you trust know that you have been arrested and provide them with the necessary information to contact you and your attorney.
8. Contact a criminal defense attorney: It is important to have an experienced criminal defense attorney on your side to help protect your rights and defend you against the charges.

Remember, being arrested does not mean you are guilty of a crime. That has to be proved in a court of law. You have the right to a fair trial and the right to defend yourself against any charges. Refusing to talk to police and law enforcement agencies is your absolute right and can only help your lawyer defend you in court.

By following these steps and working with an experienced criminal defense attorney, you can help ensure the best possible outcome for your case.

What are Miranda Warnings?

The Miranda warning, also known as the Miranda rights, is a set of warnings that law enforcement officers are required to give to individuals who are in police custody and being interrogated.

The Miranda warning was established as a result of a 1966 United States Supreme Court case. The Arizona decision in the case of Miranda v. Arizona, in which the Court held that the Fifth Amendment’s protection against self-incrimination requires law enforcement officials to inform individuals of their rights before interrogating them.

As a result of the Miranda case, The Miranda warning consists of four main parts:

1. The right to remain silent: This means that the individual has the right to refuse to answer any questions that law enforcement officials may ask them. Refusing to talk under any circumstances will not hurt your case.
2. Anything the individual says can and will be used against them in court: This means that any statements made by the individual during the interrogation can be used as evidence against them in a court of law.
3. The right to an attorney: The individual has the right to have an attorney present during the interrogation. If the individual cannot afford an attorney, one will be appointed for them.
4. The right to terminate the interrogation at any time: This means that the individual has the right to remain silent and stop answering questions at any time during the interrogation.

The Miranda warning is an essential protection for individuals who are being interrogated by law enforcement officials. It ensures that individuals are aware of their rights and can make informed decisions about whether to answer questions or remain silent. This is why a suspect must understand their right to remain silent before questioning by the police.

The warning has been a cornerstone of criminal justice in the United States for more than 50 years and has been extended to apply to many situations beyond formal arrest. Before the Miranda decision, law enforcement officials often interrogated individuals without informing them of their rights, leading to coerced confessions and wrongful convictions. The Miranda warning has helped to ensure that individuals are aware of their rights and can make informed decisions during interrogations, leading to more just outcomes in criminal cases.

Can I Speak To The Police Officers If I Want To?

Under the law, if you understand your right to remain silent you may make a valid waiver of those rights you may answer questions. You will be waiving your Miranda warning and Miranda rights and risking your Fifth Amendment right not to incriminate yourself. The Miranda right is just that – a right – it’s a warning about what can happen if you don’t remain silent.

The best advice for criminal suspects and those placed under arrest is to wait until you have an attorney present. That is when you can answer questions and avoid self-incrimination. Every case and situation is unique and only an experienced lawyer can guide you through the process of questioning.

What Happens If I Am Not Read My Miranda Rights?

If someone is not given their Miranda warning, any statements they make during the interrogation may be deemed inadmissible as evidence in court under the exclusionary rule. This is because the Miranda warning is intended to inform individuals of their rights and to ensure that any statements they make are voluntary and not the result of coercion or intimidation.

If an individual is not given their Miranda rights before being subjected to a custodial interrogation, any statements they make during the interrogation may be deemed inadmissible as evidence in court. This means that the prosecution cannot use these statements to prove the defendant’s guilt.

The following are examples of evidence or statements that can be thrown out if Miranda rights were not given:

1. Confessions or admissions made during the interrogation: Any statements made by the individual during the interrogation may be excluded from evidence if they were not given their Miranda rights.
2. Physical evidence obtained as a result of the interrogation: If an individual confesses during the interrogation and provides information about the location of evidence, any evidence obtained as a result of that confession may also be excluded from evidence.
3. Identification of the defendant by a witness: If an identification is made during interrogation, it may be excluded from evidence if Miranda rights were not given.

It is important to note that Miranda rights are only required during custodial interrogations. If an individual is not in police custody or is not being interrogated, Miranda rights do not need to be given. Additionally, even if Miranda rights are not given, other evidence or witness testimony may still be admissible in court.

Failure to give the Miranda warning can be a violation of an individual’s Fifth Amendment rights and may lead to the exclusion of any statements made during the interrogation. However, it is important to note that the failure to give the Miranda warning does not necessarily mean that the charges against the individual will be dropped. It simply means that any statements made during the interrogation may not be used as evidence against them. In some cases, there may be other evidence or witnesses that can be used to build a case against the individual.

When you consult with your criminal defense attorney they will work with you and determine if there was a Miranda violation.

How Do I Get An Attorney If Arrested?

The right to have an attorney present when questioning if underway by police officers is essential. That is why remaining silent until you have a lawyer present is so critical so you don’t make any incriminating statements against yourself.

You can obtain a lawyer in several ways after you are arrested and read your Miranda warnings:

1. Hire a private attorney: If you have the money, you can hire a private attorney to represent you. You can find an attorney through online searches or by asking for recommendations from friends or family members.
2. Public defender: If you cannot afford an attorney, the court will have an attorney appointed, such as a public defender to represent you. You will need to provide information about your financial situation to determine your eligibility for a public defender.
3. Legal aid: If you are facing certain types of charges, such as those related to domestic violence or immigration, you may be able to obtain legal aid from organizations that provide free or low-cost legal services.

It is important to note that time is of the essence when it comes to obtaining legal representation. If you are arrested, it is recommended that you ask for an attorney as soon as possible. You have the right to remain silent and the right to an attorney, so exercise those rights until you have legal counsel present to help protect your interests.

Have An Experienced Criminal Defense Lawyer By Your Side

If you are a suspect in a crime or have been arrested, you have many rights. Under pressure, you might not remember your rights even if the Miranda warning is read to you. The best advice is to remain silent and retain a lawyer.

If you or a loved one has been arrested, immediately contact the Law Offices of E. William Hevenor. We are ready to help you with your case and defend your rights. Call us today at 610-251-9930 or contact us online for an initial consultation. Located in Paoli, Pennsylvania, we serve clients throughout the surrounding areas.