What are Your Basic Rights if You are Arrested?

Whenever we think of the word “arrest,” we imagine the picture of a police officer hand cuffing a criminal suspect, and placing him in the back seat of a police car. However, an arrest is much more than apprehending a suspect to custody. In reality an arrest activates legal as well emotional after-effects, including specific and detailed police responsibilities.

Covington, TN criminal defense lawyers, and some of the best work for the Muldavin Law Firm, say that an arrest happens when the police have adequate proof to establish probable cause, which in effect is a reasonable conviction that the person arrested has committed a crime.

What it means to be Arrested

To be under arrest means a person is denied of his/her personal liberty and has to remain in police custody. It is not necessary for a police officer to cuff or physically restrain a suspect for him/her to be under arrest, or announce the fact in public.

What happens after an arrest?

Whenever, the police arrests and questions people, he/she should inform them of their "Miranda Rights.” Besides, when an individual is arrested, the police might search him/her in connection with the arrest. This is because a police officer has the legal right to safeguard himself by searching the suspect for weapons as well as to secure the legal case by searching the suspect for potential evidence that the arrested person can attempt to destroy.

This is true even if the offense is a minor one, which results in a mere citation and not arrest. In the event of a police officer doesn’t have any credible cause to arrest person, a judge may state that any evidence seized is inadmissible, according to Western Tennessee criminal defense attorneys such as those from the outstanding and impressive Muldavin Law Firm.

The Miranda Rule

If a suspect is arrested and subjected to questioning or interrogation about his/her criminal activity, the police official must inform him/her of the constitutional rights called "Miranda Rights," which in essence informs the suspect that he or she has the right to remain silent and have an attorney present when questioned, irrespective of the type of crime, including being arrested for DUI. The suspect is also informed of the fact that any waiver of these rights and anything said could be used in court against him/her.

If any suspect exercises the rights under Miranda such as declining to speak without a lawyer being present, any statements obtained by the police with no lawyer present are usually inadmissible in court according to Memphis area and Covington, TN criminal defense lawyers.

Obtaining Freedom for a Suspect

If a court dismisses all the charges made against an individual he/she can go free. However, if this does not happen, then the suspect has to pursue certain legal procedures that will lead to their freedom. These legal procedures may include release on bail or based on “release O.R.” or by the suspect’s own recognizance. Of course, a court can also grant freedom to a suspect if he/she proves his/her innocence, or by the expedient of resorting to a “plea bargain” that allows them to be released from custody.

If you need further information on this topic or have had a run in with the law, don’t hesitate to consult a Covington, Tennessee criminal defense lawyer. A lawyer will evaluate your case and explain the available options to protect your rights. You can reach one these stellar and dedicated legal professionals right here: visit our website at http://muldavinlawfirmtn.com.

Every city or county, you would hope, has a fantastic law firm to help people who are in a time of need. When you need legal help, just like if you need medical help, there is no question about it and there is little ambiguity as well. When you are being charged with crime(s) you need a fabulous legal representative. The Muldavin Law Firm is one of the best law firms in Western Tennessee. They did not reach this plateau by being lucky but by hard work and determination.