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Adam G. Burke is a top Columbus criminal defense attorney.

Columbus Arrest Rights Attorney

If you think you can talk your way out of a charge, you are probably wrong. The police will use everything you say to them as evidence in a case against you. It is recommended that you do not say anything until after you have talked with your attorney about your case. Whether or not the police respected your rights before, during, and after your arrest will often determine your defense in the case.   If the police violated your constitutional rights, some or all of the evidence against you may thrown out and your case may be dismissed. Contact Attorney Adam Burke for a free consultation to discuss your options at (614) 280-9122.

What are the Rights of an Arrested Person?

If you have been arrested in Ohio, you are, like other citizens, protected by Miranda rights. The Miranda rights are based on the Fifth Amendment of the United States Constitution. 1

Rights During an Arrest

If the police have probable cause to arrest you, they do not need a warrant to do so. It is important to remember that your body movements, mannerisms, and the location of arrest are all being monitored during and after the arrest. Do not resist; if you are handled with excessive force without cause, it is better to wait and file a complaint against the officer after the arrest and after your criminal case is resolved.

You may be searched, and officers are allowed to do so. However, if you are arrested in your home, then the police are only allowed to search the immediate area around you (without a warrant).

If you are arrested after your vehicle is stopped, the police may search your car and take inventory of its contents after you are arrested. Before your arrest, police may not search your car unless there is a clear basis to suspect your car may contain evidence of a crime.

An Arrested Person’s Rights

You will be then led to a detention center and booked.

If the police wish to question you after you have been booked, they must read you your Miranda rights. The Miranda rights state that you, as an arrested person, are allowed to:

  • Stay silent
  • Know that anything you say during the interrogation will be used against you if you stand trial
  • Demand access to legal counsel
  • Demand access to a court appointed attorney if you are financially incapable of hiring one

This means that you are allowed to decline to answer their questions and to remain silent, until you have access to legal counsel from an attorney.

Burke, Meis & Associates — Columbus, OH Arrest Rights Lawyer

If you have been arrested contact an experienced Columbus arrest rights attorney who will fight to obtain a favorable outcome for your case. Take your case seriously. Contact Attorney Adam Burke of Burke, Meis & Associates for your free consultation at (614) 280-9122.


Notes:

  1. http://www.law.cornell.edu/constitution/fifth_amendment