If a person is arrested, they should remember that their right to remain silent and to legal representation are only beneficial if they’re used. When one is arrested, they need to stay quiet until their lawyer with Legalphilly.com arrives. Below are several things defendants should know about arrests.
What Happens During an Arrest?
An arrest occurs when a law enforcement official takes a person into legal custody and they are not free to leave. Although most who are arrested go to jail, the arrest process begins earlier. For instance, if a suspect is detained on suspicion of assault and they aren’t given permission to leave, they are considered to be under arrest. An arrest can only occur if:
* An officer sees the crime in progress.
* The officer has a reason to believe that the suspect is guilty of a felony.
* The judge has issued a warrant backed up by probable cause.
Don’t Meet Force with Force
In most situations, the suspect does not have the right to resist the arrest even if the arrest itself isn’t legal. A person using force may face charges of battery on a law enforcement officer, or they may be charged with resisting arrest. If a person is arrested without sufficient cause, the battle should be fought by a Philly criminal defense lawyer rather than in the street.
After an Arrest
If one is arrested, they are searched at the scene or at the jail and evidence is taken. The suspect is fingerprinted and photographed, and an arrest record is made. These records are often published in local newspapers, and they’re widely available online. Anyone arrested and questioned must be read their Miranda rights, and in some cases, the suspect is asked to sign a waiver before making a statement to police. It’s rarely a good idea to waive those rights, however.
Invoking Rights
Suspects have the right to talk to an attorney and the right to remain silent, but these rights must be invoked. The person can provide basic information such as their name, address, and date of birth, but other information should be withheld until legal representation arrives. Officers know how to get incriminating information, and other inmates may try to elicit info to secure better deals for themselves. Conversations with attorneys are confidential, and the client and their Philly criminal defense lawyer can decide what, if anything, should be disclosed to police. Visit website for more information.
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