When someone is arrested for Violating North Carolina Law, certain rights kick in that they may not be aware of. In some instances, these rights are explained to the Arrestee, in others, they are not. It is important to understand these rights BEFORE being taken into custody. If you have any questions regarding these rights, contact a Raleigh Criminal Lawyer or Durham Criminal Lawyer for advice on your particular case.
At the point of Arrest (and even sometimes before) the Arrestee has been ‘seized’ as it applies with the 4th Amendment of the United States Constitution. When this happens, the Police Department which effectuated the arrest is required to have Probable Cause in order to arrest the individual. This means that the Police Officer has to have evidence which leads them to believe that is more probable then not that the Arrestee committed the offense for which they are being arrested.
In addition, since the resolution of Miranda v. Arizona, certain rights kick in at the point of arrest. Most everyone is familiar with the Miranda warning: “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 to you.” These rights ensure that an Arrestee is aware of their rights to not speak to the police as well as to have an attorney present. What many people are not aware of is that these rights only apply to an Arrestee at the point that the Police Officers question the Arrestee. There is no requirement that these rights be explained when arrested if the Police never has any question of the Arrestee after the arrest. It is important to understand this distinction as many Officers will not ‘Mirandize’ the Arrestee, but also not ask any questions. Should the Arrestee make statements on their own, without being questions, they are admissible in court.
For these reasons, it is important to NEVER say anything to police when you are being arrested, except to say that you want an attorney. For more information regarding these rules, contact Raleigh Criminal Attorney M. Moseley Matheson today at 919-335-5291 for your FREE CONSULTATION!