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ToggleSeeing the lights of a police car behind you is always unsettling. Whether you did something wrong or not, you may be wondering what rights you have.
Handling encounters with the police in a respectful manner helps avoid things from turning bad quickly. However, if you handle things in a certain way, you may prevent self-incrimination.
Rights if stopped by the police
According to the American Civil Liberties Union, one of the things many people do not understand is that it is not a requirement to answer all of the officer’s questions. In certain states, you need to state your name if asked, but you do not have to answer questions regarding your whereabouts, your reason for driving, where you live or if you are a U.S. citizen.
If asked if they can search your vehicle or belongings, you have a right to say no, although if they suspect you have a weapon, they can pat your clothing.
Rights in the event of an arrest
If you are under arrest, FindLaw discusses that it is important the officer reads you the Miranda Rights and that if he or she does not, the judge may throw out anything divulged about the case while in police custody.
Your right to remain silent continues after arrest, and it is best not to say anything about the case, even if you know you are innocent. You have a right to attorney’s counsel, and this lawyer should be with you during all questioning by officers. Even if you cannot afford a lawyer, the court must assign you one at no charge to you or your family.
There must be an official criminal charge within 48 hours, or else you should be able to leave. You also have the right to receive water and food and to be free of police brutality, no matter what the charges are.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
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Practice areas
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Tempe
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Lake Havasu City
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Apache Junction
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Parker