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Legal Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with a licensed attorney.
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Your rights when arrested, questioned by police, or facing criminal charges
If you are arrested or questioned by police:
Respectfully assert these rights by saying: "I am exercising my right to remain silent and I want to speak to a lawyer."
You do not have to answer police questions. Silence cannot be used against you (generally).
What to do: Say "I am exercising my right to remain silent" and then STOP TALKING.
You have the right to consult with a lawyer before and during questioning. If you cannot afford one, the court will appoint one.
What to do: Say "I want to speak to a lawyer" immediately and repeatedly if necessary.
In many situations, you can refuse to consent to searches of your person, car, or home.
What to do: Clearly state "I do not consent to this search." Do not physically resist.
After arrest, you generally have the right to make a phone call to contact a lawyer or family member.
What to do: Ask to make your phone call as soon as possible after arrest.
You have the right to be informed of the charges against you.
What to do: Ask what you are being charged with. Listen carefully and remember.
You have the right to a speedy, public trial by an impartial jury.
What to do: Your attorney will help ensure these rights are protected throughout the process.
"You have the right to remain silent."
"Anything you say can and will be used against you in a court of law."
"You have the right to an attorney."
"If you cannot afford an attorney, one will be provided for you."
Police must read your Miranda rights before conducting a custodial interrogation:
❌ Myth: Police must read Miranda at the time of arrest
✓ Reality: Only required before custodial questioning, not at arrest
❌ Myth: If police don't read Miranda, the case is dismissed
✓ Reality: Only statements made during custodial interrogation may be excluded
❌ Myth: Volunteered statements are always protected
✓ Reality: Voluntary statements made without questioning can still be used
Right to have your case decided by an impartial jury of your peers.
Right to have your trial conducted without unreasonable delay.
Right to cross-examine witnesses testifying against you.
Right to present your own witnesses and evidence.
You are presumed innocent until proven guilty beyond a reasonable doubt.
Cannot be tried twice for the same crime after acquittal or conviction.
If your rights were violated, potential remedies include:
Contact a criminal defense attorney immediately. Your rights and freedom are at stake.