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What Are My Legal Rights While Being Detained?

Just because you've been arrested doesn't mean your rights as an American citizen don't apply. The United States was built on the preservation of the civil rights of all citizens including those suspected of committing a crime. This ensures that suspected criminals receive due process of the law. In the U.S. a person is considered innocent until proven guilty. The Constitution's Bill of Rights are given to every American whether born here or naturalized. In respect to criminal activity, the Miranda Rights were created to protect the rights of those being questioned by law enforcement agencies. An individual is not to be coerced or threatened into saying anything they don't want to. Under U.S law a person being detained has to have their rights clearly explained to them. It's important they understand the circumstances of their arrest, and how what they say can be used against them.

What Are My Legal Rights While Being Detained?

The Miranda warning protects an individual's Fifth Amendment rights against self-incrimination. The law requires law enforcement to administer these rights to any person being detained. If you are taken into police custody you have the right to retain your ivil rights by not incriminating yourself.

We've all heard them before. Basically you have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney. If you can't afford an attorney, one will be appointed for you. You have the right to a jury of your peers and a speedy trial if you so choose. You have the right to gather your own witnesses and evidence to prove your innocence. You have the right to be free of unreasonable search and seizure.

After being read these rights, you will be asked if you understand what was just said to you since the courts ruled these warnings must be comprehended by the individual. You can decide to talk to the police or decline after your rights are read. Silence is not a waiver of their rights. Remember, anything you say can and will be used against you in a court of law even if a lawyer was present.

In order for fairness throughout the trial process, a person suspected of a criminal act must have the chance to confront the witness(es) testifying against them. The Miranda Rights state that the evidence law enforcement gathers against a person cannot be used against him/her, unless he/she has been informed of this beforehand. Also, the individual has the right to gather their own evidence and witnesses to try to prove their innocence.

In the United States, once you've been cleared of a crime and found not guilty, you can not be tried for the same crime again - even if new evidence surfaces against you proving your guilt. This applies to all crimes no matter how severe, even murder.

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