For the person being arrested, it’s a scary process. For the person doing the arresting, it’s a procedure that has to follow certain protocols in order to be legal, which makes it stressful. If you’ve been arrested, and you think the arresting officer screwed something up, or violated your rights in some way, you need to pass that information on to your criminal defense attorney immediately!
The cop didn’t read me my Miranda rights before questioning me!
The part where an officer tells you that you have the right to remain silent? That’s your Miranda rights. Many cops carry a little card in their wallet featuring the Miranda rights so that if they’re struggling to remember any part of it, they have a quick and convenient prompt available. This is important because any questions a cop asks you after your arrest, but before reading you your rights, may not be admissible in court!
If the officer asked you questions before you were arrested, and didn’t read you your rights, that’s because they didn’t have to – you weren’t in custody yet. However, if a cop tried to question you AFTER you were arrested and you hadn’t been Mirandized yet, your rights might have been violated. Discuss it with your criminal defense attorney, and they’ll be able to help you figure out if the arresting officer was following protocol, or messing up the arrest.
The cop was rough with me during the arrest!
Sometimes cops can be overzealous and even downright abusive when arresting someone, and sometimes the person they’re arresting says or does things that lead a cop to believe they’re a threat. This can lead to unwanted physical encounters. Things like threatening the cops, trying to run away if you think you’re about to get arrested, or fighting with the officer in any way. You may not have done anything wrong, or believe that you deserve to be arrested, but even if you’re completely innocent, you shouldn’t ever fight an officer or resist arrest! Chances are excellent that you’ll lose that fight and compound your problems.
The police have a very hard job and they’re constantly on high alert for anyone who may cause them physical harm. Resisting will make the arrest process more violent, but it could also result in even more charges down the line. Also remember: cops carry guns and tasers, and you don’t want to be on the business end of either, if you can help it! So it’s best to comply peacefully, and then call your criminal defense attorney ASAP!
The cop who arrested me is a bad cop! They didn’t follow the law!
Making a mistake isn’t always the sign of a ‘bad’ officer – it’s often the sign of a human being operating under pressure. However, because in Michigan, it’s critical that cops follow procedure to the letter, so botching the investigation could be a huge benefit to you. This is because anything an officer hears or sees that results from certain mistakes they made, could perhaps be suppressed in court because of a Constitutional Law doctrine called ‘Fruit of the Poisonous Tree.’ However, this only applies if the violation was a violation of your Constitutional rights. To be sure about whether or not your rights were violated, discuss the situation with your criminal defense attorney.
The criminal defense lawyers at The Kronzek Firm have decades of experience aggressively fighting for our clients. That’s why we’re often call Michigan’s best criminal lawyers. Our team can be reached 24 /7 by calling 866 766 5245. (866 7NoJail)