Getting arrested can be a stressful and confusing experience. When you’re in police custody it can be difficult to remember that you have rights and to know how to claim them. How you exercise your rights, or choose not to, can impact the criminal case against you.
Having an experienced defense attorney who will support and counsel you through the process is critical. Your attorney can explain your rights and responsibilities under the law and negotiate with prosecutors for your release.
5 Things to Know About Arrest and Detention
Staying calm and insisting upon legal representation while in custody is key. Missouri police are subject to the same rules as officers throughout the country when it comes to detaining criminal suspects. While the law says they have 24 hours to charge a person it is often longer due to the logistics involved, including the prosecutor deciding what charges to bring and getting time on a judge’s docket.
Three Ways to be Arrested
- Without a warrant. When police restrain a person with the intent of filing charges. This can happen when there is a warrant issued for the person’s arrest or when police have probable cause to believe that the person has committed a crime.
- With a warrant. When a person submits or surrenders to police.
- Probable cause. When police witness a person committing a criminal act.
Under any of the above circumstances, the person arrested has the right to ask about the police’s authority to make the arrest. The police are not required to read you your Miranda rights until they are making an arrest, which can be many hours into the process..
The Person Arrested Has Rights
- The right to remain silent. You may be required to identify yourself, but you do not have to agree to a search of your body, your home, or your car, and you do not have to answer questions without an attorney present.
- The right to have an attorney present. If you cannot afford an attorney, a judge will appoint one for you.
- The right to due process, which means you cannot be held indefinitely without a hearing before a judge or a trial, usually within 48 hours. If the prosecutor declines to press charges within that period, the detainee must be released.
- The right to reasonable bail. This is decided by the judge at the initial hearing.
- The right to a phone call. After booking, police will allow a phone call to a friend or family member who can get you help.
Laws About Searches
Supporting your right against unreasonable search and seizure, judges may throw out evidence collected illegally by police. That means a judge or jury in a criminal trial may not consider evidence uncovered by a search that did not follow the law.
Processing or booking includes:
- fingerprinting,
- being searched, and
- being photographed. This can include photos of any identifying piercings, tattoos, scars, and physical marks.
- A DNA sample can be collected under certain circumstances, such as if the arrest is for a serious felony. Consult an attorney before providing DNA.
Legal Counsel is Valuable
Even if you’ve only been arrested on a misdemeanor, understanding the charges against you can be challenging and confusing. A defense attorney can help you by explaining the short and long-term consequences, getting charges reduced, and getting you released as quickly as possible.
Trusted Advice from an Experienced Ally
An experienced criminal defense attorney is someone you want on your side when you are arrested. If you have been arrested or are concerned that you might be, contact Mueller Law Firm for a consultation today.