What are your rights at the time of an arrest?

If this is your first run-in with the law, you may be too distressed to really think about this, but is important to remain calm and understand what rights you have as a citizen and what is the best way to conduct yourself so that if you get in this predicament, that you are confident in what to do.

If you find yourself in a situation where you know it is going to lead to arrest, it is important to understand your rights as to not cause further trouble for yourself later down the line.

The right to remain silent

When arrested, if you feel that the officers are asking questions that you feel can be leading or you feel uncomfortable getting into full detail about what happened without a lawyer present, you do have the right to state that you wish to remain silent. Keep in mind that you will still be required to divulge basic information such as your name and address as well as present the proper identifications and it is always important to remain cordial and respectful but it is also ok to stand up for yourself and not answer any questions that you feel could end up hurting your case.

The right to say no to a search

If you are getting pulled over and the officer asks to search your vehicle, just know that you do have the right to say no. Now that does not mean that it will not happen but it could be that they will first need to have a warrant to lawfully search and you saying no cannot be the reason you are being arrested.

Overall, if you are getting arrested, if you understand your basic rights as a citizen but are also polite and cooperative with the officer, there should not be too much issue but it is important to be as educated as possible.

You have the right to an attorney

No matter what your financial situation is, if you get arrested you have the right to an attorney to help you present your side to a judge and jury. What this will usually mean is if you cannot afford to hire a private lawyer to take on your case, the courts will assign a public defender to help you. This is at no cost to you but can come with some drawbacks, most often that public defenders are stretched very thin since they are handling so many cases at one time but even then it is a comfort to know that one is guaranteed representation.

If you or a loved one are in the market for a reputable bail bondsman in the Modesto area, please feel free to get in touch and we will be happy to help!


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