What Are Your Rights After an Arrest?

 

THE BASICS OF A LEGAL ARREST

An arrest occurs when you are being held under police custody without the freedom to move or

leave. Specifically, the police take charge and control over your movements. An arrest typically continues to the point of being jailed or detained. That said, sometimes an arrest can occur in the absence of incarceration or physical restraints. For example, if the police do not allow you to leave their presence and hold or restrain you for a prolonged period, this may constitute an arrest even if you have not been formally handcuffed or told that you are under arrest.

 


An arrest may occur under the following circumstances:

  • An officer does not have a warrant but has other justifications at the time of the arrest, including (1) probable cause such as observing an illegal offense occurring in their presence at the time of the arrest or (2) exigent circumstances such as a public health emergency -or- 

  • An officer makes a formal arrest with an arrest warrant. Under the U.S. Constitution and Missouri law, arrest warrants must be based upon probable cause and be supported by an oath or affirmation.

 

MIRANDA RIGHTS

If you have been arrested for suspected criminal activity, then the arresting officer(s) must make you aware of your rights under both the U.S. Constitution and Missouri law.  

Your Miranda rights include:

The Right to Remain Silent

You do not have to speak to the police while you are in their custody. As part of Miranda warnings, you must be informed that anything which you do communicate to the officers can and may be used against you. Additionally, you have rights if your Miranda Rights have been violated.

The law is on your side if you have been arrested, but you were not properly informed of your Miranda right. For example, if you made statements to the police, then they cannot be used against you. In fact, such statements obtained by the police may be excluded from evidence at trial. 

The Right to an Attorney

As part of your Miranda Rights, you must be informed that you have a legal right to counsel, and if you do not have counsel, one will be provided to you. 

VALUE OF CRIMINAL DEFENSE ATTORNEY

A St. Louis criminal defense attorney can protect your rights if you have been arrested. Importantly, based on the information you provide, your attorney can help them to assess the applicable criminal practice and procedure, including whether a lawful arrest occurred and whether any violations occurred following arrest and detention. A thorough attorney will review the arrest report to read the description of what occurred and inquire into critical facts to help to build and support your case. 

CONTACT A ST. LOUIS CRIMINAL DEFENSE ATTORNEY TODAY

If you have been arrested, speak to an experienced St. Louis criminal defense attorney right away! The committed criminal defense attorneys at Bruntrager & Billings, P.C are prepared to zealously defend your legal rights. Our attorneys possess extensive criminal defense knowledge and skills to represent you and ensure your criminal justice rights are protected. Contact us today for a consultation at 314-646-0066.

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