When you are accused of a crime and arrested, you still have rights. You would be wise to exercise them and protect yourself. A Bergen County criminal defense lawyer can tell you more about your rights, how they can prevent you from implicating yourself in a crime, and what an experienced attorney can do to assist you in this difficult time.
What Are Miranda Rights?
When someone is arrested, the police are supposed to read them their Miranda rights. This informs you of a few key rights that you have when dealing with the cops and the aftermath of an arrest. You:
- Have a right to remain silent
- Have the right to hire an attorney
- Should be told that anything that you say can be used against you in court
When cops arrest you, they want you to talk to them. They want you to say something incriminating, something that allows them to build a case against you. You should not say anything to them. You should ask for an attorney and then let your representation do any talking for you.
What Happens If I’m Not Read My Rights?
Anyone who is arrested needs to be informed about their rights. If the police do not properly Mirandize someone, any statement they make cannot be used against them. Essentially, someone could confess to a crime and tell the cops exactly what they did, but if they were never informed of their rights then that doesn’t matter. The entire confession can be thrown out!
So if you were interviewed by police without being read your rights first, you should talk to a lawyer. An attorney can help you determine if your rights were violated and if key evidence against you should be thrown out.
When Can Police Search My Property?
It’s also important to know when police can search your property and when they cannot. If they arrest you in your home or while you are driving a vehicle, the police may be able to carry out a search even if they don’t have a search warrant. They can look for evidence, accomplices, and anything that might be able to cause them harm. As long as they have probable cause to arrest you, they can search.
However, if you were arrested in a different location, the cops cannot use this as an excuse to search your home or vehicle. For example, let’s say that you get arrested at a public place, like at a restaurant. Cops can’t then drive over to your home and search it from top to bottom. They would need to obtain a search warrant from a judge.
Contact Our Legal Team
You have the right to legal counsel and we recommend that you take advantage of that right when facing criminal charges. Contact the Law Offices of Boyd & Squitieri to schedule a consultation with our team and learn more about what a seasoned defense attorney can do for you.
