What Rights Do I Have During an Arrest?

The subject of one’s rights during an arrest is an essential and often misunderstood issue. If you are arrested, the arresting officer is required to read your Miranda rights. These are basic rights that you have when arrested, primarily associated with the Fifth Amendment to the U.S. Constitution, which protects a person from self-incrimination. The officer should inform you of your rights and should make sure you understand them as they are read to you. A failure to read Miranda rights or a violation of these rights may impact the viability of your arrest, of any evidence found on your person or property, and the prosecuting attorney’s case against you.

The following are your Miranda rights, which should be read to you if you are taken into custody:

  • You have the right to remain silent. If you choose not to remain silent, anything you say can and will be used against you in a court of law.
  • You have the right to an attorney. If you cannot afford one, the court will appoint one to handle your case.
  • You have the right to understand your rights as they are read to you.

You also have a number of other rights laid out in the Constitution. These include protection against unreasonable searches or seizures, the right not to be tried twice for the same crime, the right to a trial by jury, the right to a speedy and public trial, and many others. The full protection of all of your rights is absolutely crucial if you are to have the opportunity of avoiding a conviction and maximum penalties after an arrest and criminal charge.

Ortega, McGlashan, Hicks & Perez, PLLC serves all of Texas and New Mexico, delivering proven criminal defense counsel to arrestees and defendants facing any type of state or federal charge. With a former prosecutor and judge managing our team, we are uniquely equipped to provide effective representation.

Call an El Paso criminal defense lawyer at (915) 206-5154 to learn more about your rights and options.