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During the moment an arrest is taking place, tensions are high. It’s hard not to get caught up in the chaos of it all. Because everything’s happening so fast, you may not be aware of some violations of your rights that may have taken place. So, how do you know if your rights were upheld during your arrest? Below we’re going to break down the Miranda Warning (also known as Miranda Rights), a statement that law enforcement officials are required to give in order to protect individuals being taken into custody. We will also look at the behavior of law enforcement officials during the arrest process. 

Did Law Enforcement Officials… 

give you the right to remain silent?

This is the first line of the Miranda Rights and you must be informed of this.  

tell you that anything you do or say can and will be used against you in a court of law?

The statement “anything you do or say can and will be used against you in a court of law” must follow your “right to remain silent.” If you were not informed of how your words could be used against you, your rights have been violated.

treat you respectfully?

Did any unwarranted violence or searches take place during your arrest?  

appoint you an attorney upon your request?

If you are in custody, you are allowed an attorney during questioning. If you have asked police for an attorney and your request has been denied, your rights have been violated.      

question you without your attorney present? 

Once you’ve been appointed an attorney, police are not allowed to question you without them being present. Officers should know this, and if they do question you, your rights have been violated. 

hold you for an extended time without a charge? 

Legally, there is a certain amount of time you can be held without a charge being made against you. If you haven’t been charged and are being held longer than this time, your rights have been violated. 

Call Hagar & Phillips PLLC 

We are the lawyers you want to have saved in your phone. Get in touch with us at 615-784-4588.