09 Aug If You’re Arrested, Be Cooperative But Know Your Rights Too
If you are ever arrested, you want to make sure you are cooperative with the police. At the same time, you want to make sure they are not overstepping their boundaries to step on your rights.
“You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.”
These are the Miranda Rights that are read to every person who is arrested. Obviously a defendant is free to answer any questions the police might have without their lawyer present, but it’s certainly not advised. The right to remain silent and to have an attorney is a protection for the defendant who may as well take advantage of it.
Everyone is presumed innocent until proven guilty. The police and prosecution can and will use what they can against you so it’s wise to take advantage of rights, including the right to bail.
By posting bail you are free to live at home during the trial period, instead of jail. This works to your benefit as you get to return to your family and work. You also get to meet with your lawyer more privately to build a stronger case for court. Do your best to remain poised and confident (yet still compliant) with authorities if you are ever detained or arrested. Knowing your rights will definitely benefit you here.
If you are arrested
- You have the right to remain silent. You must clearly state this if you wish to exercise this right.
- You have the right to an attorney.
- You have the right to know and understand the charges made against you.
- You have the right to leave if no charges are filed against you within 48 hours of your arrest. This time limit is for Montana. Other states are 72 hours.
- You have the right to deny police and investigators to search yourself, belongs, and property if there is no warrant
- You have constitutional rights, regardless of your citizenship status.
You also have the right to bail, which you can meet with a bail bond. Bail is very expensive and most people cannot afford to pay their bail on their own. That’s why most people prefer to post bail with a bail bond from Montana Bail Bonds.