My Rights
All law officials
may arrest a person. Examples of law officials are
police officers, sheriffs, highway patrol officers
and district attorney office investigators, parole
officers and probation officers - on or off duty.
An
arrest warrant is required unless a law official
has probable cause to believe you have committed
a felony. A law official does not have to witness
a felony to make an arrest without a warrant. A law
official does have to witness a misdemeanor
to make an arrest without a warrant.
The United States
Constitution guarantees your "Miranda" rights
whether you are a citizen or non-citizen. Before
a law officer questions you, they must tell you:
- You have the right to remain silent.
- Anything you say may be used against you.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed for you.
If you are arrested and not "read your rights", your attorney can ask that any information you gave to law officials not be used against you in court. This does not apply if, after arrested, you voluntarily give information to law officials without them requesting it or questioning you.
You can be questioned
without an attorney present only if you voluntarily
give up that right and understand what you are giving
up. If questioning begins and you then change your
mind and decide that you want an attorney present,
law officials must stop questioning you until your
attorney arrives. If, however, you volunteer information
while waiting for your attorney, that information
can be used against you.
You may be asked
to give physical evidence, such as a blood sample
or a Breathalyzer test. You may refuse, but your
refusal may have consequences and the fact that you
refused can be used against you. Please consult with
your attorney before agreeing or declining to provide
physical evidence.
Once your arrest
is recorded, or you are "booked," including a photograph
and fingerprints, you are entitled to make telephone
calls as long as they are free. (Within your local
area.)
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