You have fundamental constitutional rights when you get arrested!
Welcome back and thanks for joining us again for this discussion about the rights you have during and after your arrest. We understand it’s a scary time for you, and you’re probably more focused on trying to get out of jail and back to your life. You may not have even thought about your rights, or realized that there are things you’re entitled to at this time. Which is where a top criminal defense attorney comes in.
A criminal defense attorney who is dedicated to protecting your rights and working towards your freedom, will carefully and methodically examine every aspect of your case. That includes going over your arrest with a fine-toothed comb to ensure that police didn’t miss a step, or violate your constitutional rights in any way. Which brings us to the first topic we want to cover with you today – your criminal lawyer.
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You have the right to an attorney
If you’ve been arrested by police or are being accused of a crime, you have the right to an attorney. The police are not allowed to deny you the ability to contact an attorney, and they’re not allowed to keep questioning you after you’ve said you want an attorney.
Say that clearly and say it often. Lawyer up. Then, say no more to the police.Shut up. As long as you clearly state to them that you want an attorney present, and that you don’t want to speak to them until you’ve talked to your attorney first, they have to wait a reasonable time to question you until an attorney arrives.Here in Michigan, cops usually, but not always, back off when you lawyer up. So, don’t back down. Lawyer up.
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You don’t have the right to refuse body fluid samples
After your arrest, depending on what you were arrested for, you may be required to give samples of bodily fluid. This could include urine, blood, or saliva. It may also include fingernail clippings and hair samples. Many people believe that being forced to submit bodily samples after an arrest is a violation of the U.S. Constitution’s protection against self-incrimination, found in the 5th Amendment.
However, the United States Supreme Court has ruled that the 5th Amendment only protects communications, which means things you say to other people. Samples of bodily fluids, and other bodily samples collected by the police after arrest, are considered to be physical evidence, which are not covered by the protection against self-incrimination. However, note that you don’t have to give up anything voluntarily. If the police get a warrant, that changes and you must comply with their request. However, you should not be bullied or intimidated if a cop tells you he is going to get a warrant if you don’t comply. Make him get the warrant before you agree to give up anything.
Having a good criminal defense attorney will make all the difference
The police are human, which means that they’re not perfect, and they make mistakes. Many of these mistakes can affect the way a case is resolved, moving forward. Examples of human error during investigations that can have life-changing results include:
- Not Mirandizing a suspect,
- Refusing you an attorney when you’ve asked for one, or
- Forgetting to fill out the proper chain of custody documents for evidence
If you or a loved one have been accused of a crime, or have been arrested in any county in Michigan’s lower peninsula, call The Kronzek Firm at 866 766 5245 immediately. Our highly skilled criminal defense attorneys have been defending the people of Michigan since the last century, and we can help you too. Our phones answer 24/7.