Jonathan M. Jones Criminal Law Blog on Lawyers.com

Taylor Michigan Criminal Law and Process

Friday, April 10, 2009 by Jonathan M. Jones

Photo of Jonathan M. Jones

How Criminal Defense Lawyers in Taylor provide for treatment of you and your case.

When you are arrested, you have a right to be treated a certain way.

These rights do not refer to basic respect or etiquette—while that sounds nice, if the police stop you on probable cause or arrest you for a crime, they probably will not be very respectful to you personally.

Even when you are stopped, investigated or arrested, you have rights under Taylor criminal law.  I can help you exercise them.

If a police officer stops you, but does not arrest you, you should be polite, but you do not have to answer his questions and you can leave at any time you like.

The police may search you or your possessions by authorization of a search warrant or without a warrant if the search is within certain contexts:

  • Searches incident to arrest
  • Searching portions of a vehicle within which you are arrested
  • Circumstances where evidence can only be obtained via immediate search
  • Plain-view positioning of an item
  • Searches for which you give consent

Arrest relies on probable cause—that is, the officer has a reasonable belief that a crime was committed and that you committed it.

You are protected by constitutional rights when you are arrested.  You do not have to talk and you have a right to an attorney.

Anything you say to an officer can be used against you, even if you have not heard your Miranda Rights yet.

I suggest that, in all instances of arrest, you do not talk unless you are requesting to call your attorney.

Jonathan Jones - Criminal Lawyer
17000 West Ten Mile Road, 2nd Floor
Southfield, Michigan 48075

 
Posted at 11:03 AM
Topic: Criminal Law
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