10 Things to Know About Your Rights if You Are Arrested

 Posted on June 06, 2018 in Criminal Defense

When approached by a police officer, it is natural for your heart to start racing and for the primitive “fight or flight” instinct to kick in. However, resisting a police officer is a serious crime. So what should you do?

It is important for you to know your rights, and the rights of law enforcement, in the event that you are ever arrested and charged with a crime. Here are some tips to remember if you are being arrested:

1. Remain calm and obey the directions of the officer. You do not have the right to resist the arrest, even if you are innocent of any wrongdoing.
2. You must give police officers your real name, address, age, and date of birth. You do not need to say anything else, and anything you do say could be used against you later. You can simply state that you wish you remain silent, and then do not respond to any questions. 
3. When an officer tells you that you are under arrest, he has the right to do a “pat down” search over your clothing to ensure that you are not carrying any weapons. He can also search any bags you are carrying and the area immediately around you. 
4. You have the right to be treated humanely and provided with food, shelter, and medical treatment if needed. If you require prescription medication, you should make the police aware of that when you are booked. If you have your medication with you, the police will have to confiscate it, but they can record all the information on the prescription bottle. If you do not have your medication with you, have someone bring it to you in the original prescription bottle with your name on it. You can also insist that you be taken to the nearest emergency room for treatment.  
5. After you are arrested, the police must read you the four Miranda warnings before you are questioned:
   • You have the right to remain silent. 
   • Anything you say can and will be used against you in a court of law.
   • You have the right to a lawyer. 
   • If you cannot afford a lawyer, one will be appointed for you. 
6. After your rights have been read to you, state that you want to speak to an attorney. If the police keep asking questions, repeat that you wish to remain silent until you speak to a criminal defense attorney. You cannot be forced or threatened to talk. Any information obtained by force cannot be used against you in court.  
7. Be aware that the police are allowed to lie to you. They can lie about evidence they have against you. They can lie and tell you that they will not arrest you if you provide them with certain information.  
8. You have the right to make a reasonable number of telephone calls to contact a family member and an attorney. If you are transferred from one place of custody to another, such as from a police station to a county jail, you have the right to make additional phone calls to let your family and lawyer know where you are now.
9. The police may put you in a lineup for a witness identification. You do not have the right to refuse to be placed in a lineup.  
10. The police must make a detailed list of whatever personal property, including cash, is taken from you at the time of your arrest, and they should give you an itemized receipt.

Hire an Aurora Attorney Who Will Have Your Back

If you or a loved one have been arrested in DuPage County or Will County, you need a lawyer who is fully knowledgeable in Illinois criminal law and the local court system. Retain the services of an experienced Naperville criminal defense attorney to ensure that your rights are protected every step of the way. As soon as you become aware that the police wish to speak to you about a crime, talk to a lawyer BEFORE speaking to the police. Contact the Law Office of Patricia Magaña at 630-448-2001 for a free consultation. Se Habla Español.

Sources:

https://www.illinoislegalaid.org/legal-information/what-are-my-rights-when-im-under-arrest-or-custody

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

https://www.aclu-il.org/en/news/what-should-i-do-if-police-stop-or-arrest-me