If you've been arrested, you may have a few questions regarding the process, especially if you believe your arrest to be illegal. Below are the answers to three common questions regarding arrest.
If I Wasn't Informed of My Rights, is My Arrest Invalid?
The reading of the Miranda rights is an important part of the questioning process. If the arresting officer failed to inform you of your rights, however, does this make your arrest invalid?
Unfortunately, you can still be detained even if your rights weren't read to you. The reading of the Miranda rights isn't actually required during an arrest unless questioning takes place. However, any information collected after you were in custody but before you were informed of your rights isn't able to be used in court. This makes it very unlikely that an officer will actually fail to read you your rights, but if they do, it's vital that you bring this up with your attorney.
If an Arrest Warrant Wasn't Issued, Will I Be Set Free?
There are a number of situations that require a warrant to be present during an arrest, but even if you were arrested in such a situation without a warrant, you likely won't be set free on that alone.
A warrant is needed to arrest a suspect in their own home if the offense is minor, for example, but that doesn't mean an arrest performed illegally will lead to you being released. Similar to being questioned without being informed of your Miranda rights, any evidence found during an illegal arrest cannot be used in court. This could certainly lead to your freedom later, even if the evidence found during your arrest was incriminating, but you won't be released immediately simply because a warrant wasn't present.
If Force was Used during My Arrest, Do I Have Any Recourse?
Police officers are afforded certain rights when it comes to lawfully arresting a suspect, and one such right is the right to use appropriate force.
If your arrest was lawful, it may be difficult to prove that the arresting officer used unnecessary force. While it certainly does happen from time to time, only with solid evidence can it proven, such as through eyewitness testimony or dashboard cams. If you suspect you were unfairly treated during your arrest, it's important to bring it up with your attorney, but it's also important to know that this likely won't affect the validity of your arrest or the charges being brought against you.
For more information, contact Sam Douglas Young Attorney at Law or a similar legal professional.