When the police arrest an individual, it is because they believe sufficient evidence exists that implicates the individual in committing a crime. But what rights does the arrested person have?
As Fairfax criminal defense attorneys, we recognize that sometimes law enforcement officers make mistakes. Occasionally, they get the wrong guy. Other times, in their zeal to make an arrest, they can trample the legitimate legal rights and protections every citizen has against an intrusive government.
We believe that all Americans should have a basic knowledge of their legal rights. Here are some of the most important points you will need to remember.
Contrary to popular opinion, the police are not obligated to tell you why you are being arrested in Northern Virginia (or anywhere in the United States), but they probably will tell you anyway. They may not use excessive force unless you resist and become a danger to yourself or the arresting officer.
Another misconception is that police always read the Miranda rights to the arrested person. The police officers are not obligated to read you your Miranda rights unless they plan to question you.
Stemming from a 1966 court case, Miranda v Arizona, these rights are constitutionally required before questioning to protect an individual’s Fifth Amendment right against self-incrimination. The interrogating officer reads some version of the following statements before proceeding with questioning. You have the following rights:
Many people believe that they must answer questions from the police; the Miranda rule protects the individual’s right to have a criminal defense attorney present during questioning. If you are not read your Miranda rights before questioning, whatever you say will generally be inadmissible in court.
As part of the booking procedure at the police station, the police will take your fingerprints. You may also be required to provide a voice sample that or handwriting samples that will be compared to existing evidence.
The police are permitted to put you in a lineup with several other people who resemble you to see if witnesses can identify the person who committed the crime. If you have been formally charged with the crime, however, you have the right to have an attorney present.
The police may legally ask you to speak certain words during the lineup if the witnesses believe they can identify the voice of the criminal. You may be asked to say the words that the criminal spoke when committing the crime.
The police have certain restrictions regarding the lineup. They may not unfairly implicate one individual by, say, lining up one person who fits the description with five others who are significantly different in appearance. Likewise, they may not point to one person in the lineup and ask the witness if that was the person who committed the crime. These same rules govern when a witness is shown a selection of photos and asked to pick out the criminal; however, the accused does not have the right to have an attorney present for photo identifications.
If you have been arrested and find yourself in need of a criminal defense lawyer in Fairfax, contact the capable attorneys at the Taylor Law Company. We will use our considerable knowledge and experience to protect your rights. Call us here and request a free, no-obligation consultation.
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