One of the most important things to know is what the police can legally search. If you're arrested, they can search your body and your clothing, as well as any belongings you have on you. Keep in mind is that without a court order, the police can only search your car if you were in it when you were arrested – unless you give them permission to do so. Never give the police permission to search anything without consulting an attorney.
When you're arrested, you have the right to remain silent. This means that you can choose to say absolutely nothing. Regardless of your guilt or innocence, it's best to keep quiet until you've had a chance to discuss the situation with your criminal attorney. Even if you've committed no crime, it's possible to incriminate yourself without realizing it. It's always best to wait for your attorney before making any statements.
If you have made a statement to the police, they're likely to request a written record of your statement. You have the right to refuse to do so. Often a person will be questioned by the police and answer questions initially, only to realize that they need to wait for their criminal attorney before saying anything else. It is at this point that the police will likely ask you to write down what you've already told them. No matter how much you've said to them, it is completely within your rights to refuse a written statement.
Of course you also have the right to a criminal defense attorney. If you can't afford one, the courts are required to provide one for you. When you're talking to the police, as soon as you tell them you want your attorney, they are required to stop questioning you. As a result, the best way to handle this situation is to respond to any questions they have with, “I'd like to see a lawyer.” This will stop the questioning until you've been able to take advantage of the advice of a criminal defense attorney.
You'll also have the right to request bond from the judge. Bond allows you to stay out of jail for the duration of the investigation and trial. In some situations, you can be released by a simple promise to appear in court, in others you or your family will have to post money to be released on bond. The judge will make the final determination, but an experienced attorney can help you get the best possible bond terms.
It is often said that there is an exception to every rule, but when it comes to the right to an attorney and the right to remain silent, your rights are absolute. Don't allow the police to confuse or intimidate you into giving a statement. Contact a criminal attorney as soon as you find yourself in trouble, and you'll be able to avoid making a bad situation worse.
Article Source: http://www.bharatbhasha.com
Article Url: http://www.bharatbhasha.com/legal.php/188169
Article Added on Thursday, November 19, 2009
|Legal >> Top 50 Articles on Legal|
|Category - >|