For some, being arrested can be a profoundly shocking and traumatic experience. It often causes people to act irrationally or rashly out of fear, which can worsen an already deeply troubling situation.
What’s more, many people are unfamiliar with the process of being arrested, and are therefore also unfamiliar with the fact that they have rights as an arrestee. These rights exist to ensure that arrestees in Macomb, Michigan and everywhere else in the United States get due process, and to protect arrestees from incriminating themselves. When arrestees don’t know their rights, they may inadvertently say or do things that go against their own best interests, which can be used against them later on.
If you or a loved one are going through an arrest in Michigan, it is essential to know your rights and how to best protect yourself, your loved ones, and your future during the process.
If you are arrested, one of your most important rights is the right to remain silent. This means that you do not have to speak to the police or offer them any information without your attorney present, period.
Being arrested is stressful, and people react to stress in many different ways. Some people try to argue or reason their way out of an arrest, giving the arresting officers explanations for what really happened. Do not do this, even if it feels like you should. As a rule, if you are being arrested, it is very unlikely that you will be able to argue your way out of it. However, you do run a significant risk of saying something that can later be used against you, whether or not you are actually guilty.
Sometimes, police officers will try to question you about what happened in a way that may seem friendly or helpful, which might make you want to confide in them and give them your side of the story. Other times, police officers may try to question in a way that is aggressive and demanding, which might make you feel that you have to answer them.
In either of these situations, or any situation in between, it is always better to say less. If you have been arrested, it is much safer not to engage with any questioning by the police, and to simply use the opportunity to ask for your attorney.
Do not resist arrest. Another important thing to remember is that it is in your best interest not to resist arrest. Even if you are completely innocent and your arrest is unfair, resisting will only make the situation worse for you. During the arrest process, follow the officers’ commands, even if they seem unfair. Do not insult, talk back, or fight with the police, as these actions can be perceived as resisting arrest. While this may be infuriating and may feel deeply unjust while it’s happening, you are doing the best thing for yourself and for your case in the long run. Think of this as an extension of your right to remain silent.
In most cases, police officers have to have a search warrant to enter or search any private area inaccessible to the public (like your house, garage, or shed), or to look through your electronics (like your computer, tablet, or phone).
Sometimes, officers will ask for permission to enter your home/property or to look through your devices whether or not they have a warrant. You are not required to say yes when a police officer asks if they can enter or search your property. If they ask, confirm whether or not they have a warrant. If they do not have a warrant, calmly but firmly tell them that you do not grant them permission to enter or search your property.
You have the right to consult with an attorney before speaking with police. Use it. Perhaps the single most important right you have during an arrest is the right to an attorney. Police officers are aware of this right: in fact, they have to tell you that you have the right to an attorney when you are arrested. However, police officers can and will use deception and coercion to get you to talk to them without an attorney as much as possible. This is because you are much more vulnerable to self-incrimination—whether you are guilty or not—when an attorney is not there to protect you. Officers may try to insinuate that asking for an attorney makes you look guilty, or that there are deals they are willing to offer that they will take off the table if you call an attorney. Do not listen. Refuse to speak until you have access to an attorney.
If you or a loved one has been arrested in Macomb, Michigan, Michigan Criminal Defense Attorney Scott Weinberg is ready to help. For over 30 years, Attorney Weinberg has defended the people of Macomb County and Michigan at large from a wide variety of criminal charges. As a former assistant prosecutor, Attorney Weinberg has unique insight into the mind of his opponents, which gives his clients a marked advantage. Since he pivoted to work as a criminal defense attorney, he has defended and managed hundreds of cases, some of which were extremely high-profile. He is also a recognized thought leader in the legal community, providing expert commentary on Court TV, ABC, CBS, WJR, WXYT, and Clear Channel, among others. No case or charge is too big or too small for Attorney Weinberg, who considers it a privilege to represent his clients’ best interests and protect their rights.
If you need a knowledgeable, experienced criminal defense attorney in Macomb, Michigan, don’t wait. Call (800) 710-0529 for a free consultation today.