What Are My Rights After Being Arrested?

Getting arrested can be a frightening experience, and if you are convicted of a crime it can have severe consequences on the rest of your life. That’s why it’s so important to understand your rights under the law that when you are arrested,along with the correct way to behave.

One of the first things you should understand is that officers can only arrest you if they have a warrant, see you commit a crime, or they have probable cause. If they suspect you have done something wrong or are in a suspicious location, they may detain you while they investigate the situation further. However, a detention is not the same as an arrest. Also, the police are required to tell you if you are being detained or arrested, and if they fail to do so you have the right to ask.

Here is some more information about your rights and a few recommendations about appropriate behavior when you are arrested:

  • Stay calm. Don’t resist the arrest even if you think it is unjust. Resisting an arrest will likely add charges to your case and make the situation worse in the long run.
  • Know the crime you are being charged with. Officers are required to tell you the reason for your arrest. If they fail to do so – ask. Knowing why you are arrested can help you evaluate the seriousness of the situation and decide what type of lawyer is needed.
  • The right to remain silent. The 5th Amendment of the U.S. Constitution grants you the right to remain silent and not incriminate yourself. It also grants you the right to an attorney. In the event you are arrested, you should invoke this right by stating clearly “I wish to remain silent and speak with an attorney.” However, you will still have to give the police your basic information like your name and address.
  • Know the identity of the police officers who are dealing with you. Officers are obligated to disclose their name and identity when dealing with you.
  • Your phone call. You will be given a telephone call which you should use to communicate your situation with your attorney or family.
  • The right to an attorney. Contact a criminal defense attorney as soon as possible after being arrested. Do not agree to an interrogation and do not post bail until you have spoken with a lawyer.

Contact a Colorado criminal defense lawyer

At the Law Offices of John Anderson, we work hard to defend our client’s rights and clear their names. If you or a loved one has been arrested, detained or charged with a crime in Colorado, contact John today at (303) 880-7994 or online to schedule your initial consultation.