Know Your Legal Rights: Rights of an Arrested Person

Know Your Legal Rights: Rights of an Arrested Person

Stephen G. Cobb is a highly experienced Florida criminal defense attorney, who handles a variety of criminal cases throughout the state of Florida.



It's terrifying to be arrested by the cops. If there is proof or suspicion that you have committed something illegal, a police officer will approach you for an arrest. Unfortunately, very few people know how to respond to such undesirable situations. If you find yourself in a position like this, try not to resist arrest, be calm, and don't feel compelled to explain everything right away.

Usually, our expectations of police officers are that they will safeguard citizens' safety and rights, but you will occasionally see the opposite. But the situation may change if the officers face resistance or rebellion. Therefore, remaining calm and patient with the cops can significantly lessen the likelihood of an escalation.

This article will outline and explore the fundamental legal rights and their benefits. You'll gather knowledge to help you next time you find yourself in a police scuffle.

What is an Arrest and Why Do People Get Arrested?

An arrest occurs when a police officer restricts your freedom of movement. If a suspect resists arrest, the officer will forcefully arrest the suspect and take them to custody. For example, a police officer can arrest someone on suspicion of committing fraud but refuses to cooperate with the investigation.

A police officer may arrest a person only under the following circumstances:

● When police witness the crime

● If the officer has enough evidence to convict you

● When a warrant of arrest issued by the magistrate

What Should You Do If You're Arrested?

If you're arrested, say right away that you want to keep silent until you speak with your lawyer. Without the presence of your lawyer, do not make any clarifications or offer any excuses. It's better to keep your cool and say nothing.

You have the legal right to contact your family or relatives to let them know of your arrest. It's also crucial to keep them up to date on essential facts. Although now is not the appropriate moment to go into every detail of the situation. But also, contacting your attorney at this time is inappropriate, as the cops will not allow you to do so.

When you are arrested, you have the following constitutional rights:

● To immediately and privately speak with your lawyer

● To look for and hire a lawyer of your choice

● To be informed about the legal team present in your case

● To know the reasons leading to your arrest

● To remain silent when interrogated by the police

When is it Authorized for the Police to Make an Arrest?

A police officer is only authorized to arrest a suspect if there is strong evidence. Probable cause is when there is enough evidence that a police officer can make an arrest. A thorough investigation to determine whether a person is guilty or not needs to be done to establish if the arrest is valid. Again, the court has full authority to prove that the suspect is guilty of the charges based on all circumstances of the case.

What to do If you Suspect The Police are Harassing You?

● You can submit a written complaint to the local complaints board or internal affairs commission.

● Seek treatment as soon as possible, or get a doctor's letter so you can report the problem to the Internal Affairs Commission.

● To establish your case, you must gather all details concerning the incident as proof, such as the license plate number, badges, or any witnesses present at the time.

Request The Help of a Law Firm

Before beginning the process of hiring a criminal defense attorney in Florida, you should look into the firm's track record of success in courtroom battles.


Media Contact

Cobb Criminal Defense Law Firm

[email protected]

Florida, USA

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