It has become almost cliché to hear "You are under arrest". However, the official "arrest" occurs when a person reasonably believes he or she is not free to leave due to the actions of law enforcement officers. Once the arrest has been made, the arresting officer will provide your Miranda Rights, which include your right to remain silent, that anything you say may be used against you in a court of law, that you have the right to an attorney, and that if you cannot afford an attorney, that one will be provided for you. However, if the arresting officer fails to read you these rights, the case against you will not be dismissed. The officer must, however, read you these rights if he or she intends to record anything you may say, or a statement of confession.

If the officer wants to ask you some questions other than simple information like your name and address, the officer must advise you that you don't have to answer his or her questions. Also, you must be aware that anything you say can be used against you and that you have a right to a lawyer before you answer any questions. Many people will answer questions in an attempt to cooperate. You should avoid this impulse politely at all costs, and simply state that you want to speak to an attorney before answering any questions.

The arresting officers may even try to offer a deal for your cooperation. Or they may even try to intimidate you with terrible consequences. Always know that the prosecutor is the only one that has the authority to make any type of deal. It is wise to use an attorney for all negotiation, because they are more skilled at it than you are. Also, anything that he or she says cannot be held against you in court. And even more importantly, your attorney will be able to better turn any "deal" offers into legal binding agreements, which may result in you receiving immunity for you cooperation.

Searches

Federal Law is very clear in stating that the police have no right to search your home without a warrant. It is the Fourth Amendment to the Constitution that gives people a right to be secure in their homes from unreasonable government searches. The decision to issue a warrant must be made by a Judge, who authorizes this by signing the document after reviewing the reasons for probable cause.

The laws surrounding searches are not limited to homes, in fact they can also apply to vehicles, businesses, and even individuals walking down a street. Law enforcement has a greater right to search those individuals who have left their home.

Contact us at 702.836.9696 or Email the Firm today.

"What to do if you been arrested?"

The biggest mistake people make is that they tell the police everything that occurred. You must invoke your constitutional right to remain silent and have an attorney present during interrogation. I personally have seen hundreds of Defendants that are lied to by police in order to get the evidence they need to arrest and prosecute. Remember police and detectives are allowed to lie to you to get you to speak, unless you remain silent and get an attorney. They can trick you into speaking. Remain Silent! Click here to view the process.

If you or someone you know has ever been arrested, contact The Law Offices of Barry Levinson.

Contact us at (702) 836-9696 or Email the Firm today.