To Whom I Contact If Police Arrested Me?
You are brought into custody after being arrested. It follows that you are unable to exit the area. However, if a police officer or other person believes you may be implicated in a crime, you may be temporarily detained or kept for questioning. For instance, if you are carrying a sizable package close to a burglary scene, an officer may hold you. Store employees have the right to detain you if they believe you have stolen something. If you are detained or arrested, all that is required of you is that you provide your name and residence and, if asked, some form of identification.
The rights you have when you are arrested
You have some rights if you are arrested, regardless of whether you are an adult citizen or a non-citizen.
The police officer should inform you of the following things before asking you any questions:
- You have the right to stay silent; and
- Anything you say can be used against you.
- If you cannot afford a lawyer, one will be appointed for you.
- You have the right to be represented by an attorney while you are being interrogated.
The Constitution guarantees you these rights. Your best criminal lawyer in Delhi may request that any comments you made to the police not be used against you in court if you weren't given these cautions. However, this does not automatically imply that your case will be rejected. If you provide information without being questioned by the authorities, this does not apply.
You can only be questioned without a lawyer present if you voluntarily waive your rights and are aware of the consequences of doing so. If you consent to be questioned and later change your mind, the questioning must end as soon as you request legal representation. Your responses could be used against you if you testify differently if the questioning goes on after you ask for a lawyer and you continue to speak. You can be asked to provide specific physical proof. For instance, you might be asked to submit to a test to determine your blood alcohol content if you are suspected of driving while intoxicated. Your driver's license will be suspended if you refuse the test, and the denial will be used against you in court. You have the right to make and finish three free local calls after being booked, which entails having your arrest, entered into official police records, fingerprinted, and photographed.
When should I contact a lawyer?
If you are detained for a crime, especially a serious one, you should speak with a lawyer right away. He or she is more knowledgeable about what you ought to and ought not to say to law enforcement officials to prevent being misheard or misunderstood. The criminal lawyer in Delhi can also provide you, your family, or friends with bail process advice.
Who has the authority to detain me?
Most of the time, any member of the law enforcement community, including police officers, county sheriffs, detectives working for district attorneys' or an attorney general's office, and highway patrol officers, has the authority to make an arrest. You can be detained by a parole or probation officer as well.
If they have reason to believe you committed a crime, such as armed robbery, they may be able to arrest you even in the absence of an arrest warrant. A felony is a crime that is more serious than a misdemeanor and is often punished by a sentence of more than one year in prison. To make an arrest, they do not need to see you commit a crime. To make an arrest, though they must witness you committing a misdemeanor.
They may ask you to sign a citation or notifies if you violate the law rather than placing you in detention. This is a relatively minor infraction for which the typical punishment is a fine. You are just pledging to appear in court if you sign the citation, not admitting guilt. However, an officer may detain you if you lack identity or refuse to sign.
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