About Criminal Law & Your Rights

Search

Ordinarily, the police must have a search warrant before conducting a search. However, after you have been arrested, the police may search you and the immediate area around you without a warrant if they reasonably suspect that you may be armed. A search is also permitted when the police see contraband at the time of making an arrest. If the police find something that it is a crime to possess, such as a gun or drugs, they may take it and arrest you for possessing it. The police may also take your money and property from you to keep in a safe place until it can be returned to you or used as evidence. If possible, try to verify that all of the items taken from you are inventoried on a written list.

Getting Legal Assistance

[Photo] Meet and consult with your attorney so you can feel confident about who you choose to defend you.

You are entitled to telephone a lawyer, a friend, or a family member to notify them of your arrest. You have the right to consult with a lawyer and have him or her present when the police question you. The best practice is to remain silent until your lawyer is present since any statement that you make can be used as evidence against you. If you cannot afford to hire an attorney, you are entitled to a court-appointed lawyer. Depending on local procedures, the court may appoint a private attorney, a lawyer from a legal aid society, or a public defender. The police are required to notify you of these rights before questioning you. Ordinarily they are recited during the confusion of the arrest. Remember them. They may become critical to your defense later on.

Even if you declined a lawyer at the time of arrest, you retain the right to have a lawyer at any time after being arrested. You should seek the advice of a lawyer at the earliest possible time to avoid incriminating yourself, to get released from custody, to decide how to plead, and to prepare for your trial.

If you are called by a family member or a friend who has been arrested, remind them that they have a right to a lawyer and that they do not have to respond to police questioning until the lawyer is present. If a lawyer has been engaged, the person who has been arrested should let the police know that they claim the right to counsel and that a lawyer is on the way.

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