What Rights Do I Have If I Am Arrested?

Anyone who is arrested in Upstate New York should know that they have important rights to protect them against unfair treatment by the police, and to ensure that they understand more specific rights they have as someone who has been arrested or detained. It is critical to know that you have many different rights if you are arrested, and our firm wants to provide you with more information about those rights. In addition to learning more about the rights you have within the U.S., it is also critical to seek advice about the particular facts of your case from a Rochester criminal defense attorney who can begin working on your defense.

You Have the Right to Be Informed of Your Rights

You should know first that you have a right to be informed of certain rights that you have upon arrest. You might have heard of being “read your rights,” or you might have heard about required “Miranda warnings.” What are Miranda warnings, and what must the police tell you about your rights when you are arrested? Under the U.S. Supreme Court case Miranda v. Arizona (1966), law enforcement officials who arrest you must inform you that you have the right to remain silent, that you have a right to an attorney, and that you can have an attorney appointed for you if you cannot afford to pay for an attorney.

The police must inform you of your rights whether you are officially arrested and handcuffed or merely placed in a custodial situation. In other words, if the police detain you in any capacity and tell you that you cannot leave, you have rights under Miranda v. Arizona.

Right to Remain Silent

You have a right to remain silent. It is important to avoid saying anything that the police could use against you. The police cannot force you to speak.

Right to Have an Attorney

You also have the right to an attorney, including the right to have an attorney appointed if you are indigent and cannot pay for a lawyer to represent you. Once you inform the police that you want your lawyer, the police cannot continue trying to question you unless you expressly waive your rights. If the police still question you and obtain information after you have exercised your right to remain silent and to an attorney, any evidence obtained through that interrogation cannot be used against you.

Right to a Speedy, Public Trial

When you are arrested and charged with an offense, the Sixth Amendment also grants you a right to a speedy and public trial. While the definition of a speedy trial varies depending upon the circumstances, you should know that you cannot be detained indefinitely without a trial.

Contact Our Rochester Criminal Defense Lawyers

If you have been arrested for or charged with a criminal offense in Upstate New York, it is critical to have an experienced Rochester criminal defense attorney on your side. Our firm can provide you with more information about your rights, and we can begin working with you today on your case. Contact King Law to learn more about our services.


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