If you were arrested, you don’t give up all of your rights. But do you know what those rights are and what to do if police violate your rights while you’re in custody? Here is a brief overview.
You Have the Right to Know Why
As explained by the Oregon State Bar, police can arrest you can for a felony or a misdemeanor. They can also arrest you on a warrant for a parole or probation violation, or failure to appear in court on criminal charges. However, the police must tell you why they are arresting you and under what authority. Arrests require a warrant except in circumstances where a law enforcement official has probable cause to believe you have committed a crime.
You Have a Right to Physical Protection
While placing you under arrest, the officer may use reasonable force. Officers cannot, however, use force that exceeds what is necessary to restrain you and prevent your escape. If an officer injures you during an arrest through the use of unnecessary force, you may qualify for damages. Furthermore, an officer may not threaten you or make promises of a lighter sentence if you confess.
You Have the Right to Refuse a Search
At the time of your arrest, the officer may perform a limited search of your clothing and immediate surroundings for evidence of a crime or for weapons that you may have with you. In most cases, searches beyond your clothing and immediate area require a warrant. You do not have to consent to a search, and you may have a claim against an officer who performs a search beyond the limited scope of the arrest without either a warrant or your consent.
You Have the Right to an Attorney
From the moment police legally place you under arrest, you have the right to have legal representation present every time that officials question you about the crime with which they have charged you. An officer cannot continue to question you about the crime if you have requested an attorney until such time as that attorney arrives and has the opportunity to speak with you. The only information you are obligated to give the officers at the time of your arrest is your name and address.
Police may require you to stand in a line-up. However, you have the right to have your attorney present during the line-up and any other tests you are ordered to submit to.
If you cannot afford to hire a lawyer, the judge can appoint one to your case.
You Have the Right to Release, With Conditions
Unless you are charged with murder, you have the right to get out of jail through bail or a conditional release agreement. The three methods of release agreements include:
- Security release (bail), in which you pay an amount of money or property as determined by the court.
- Personal recognizance, in which you pay no bail money, but agree to appear at your scheduled court date.
- Conditional release is similar to personal recognizance in that you pay no money, but conditions will regulate what you can do while you’re not in jail.
If you were arrested and you feel that police violated your rights, email the Richard Rizk Law Office today or call (503) 245-5677 to schedule a free consultation.