Getting arrested in Minnesota, or anywhere else, is particularly frightening. The humiliation of being handcuffed and booked is unbearable. Meanwhile, there is no guarantee that your day in court will come soon; you may need to wait a few days.
While you await trial, you must understand that you have constitutional rights – and you need to know them. Knowing your rights helps ensure that they are enforced and you are not being punished for a crime you did not commit. Therefore, this article explains what those constitutional rights are after you have been placed under arrest in Minnesota.
The Right to Remain Silent
Typically, the police must read you your Miranda rights before they put you in handcuffs. These rights come from the U.S. Supreme Court case Miranda v. Arizona and states that suspects can plead the Fifth. This case proved that suspects have a right to remain silent during a police interrogation, especially if talking will implicate them further. Speak to criminal defense attorney Omeed Berenjian to learn more about what you should and shouldn’t do.
This Miranda right is based on the Fifth Amendment protection against self-incrimination and kicks in if you are in police custody. Therefore, if you believe that there is nothing you can say that will not make you look guilty, you can choose silence. However, note that this does not mean you will win the case, as these rights only relate to police questioning and nothing more.
Right to Protection Against Unreasonable Or Unlawful Search and Seizure
The Fourth Amendment protects suspects against searches and seizures without a search warrant, except under peculiar circumstances. To get a search warrant for your property, the police must demonstrate probable cause, and a judge must sign the warrant.
If they conduct a search without this important piece of paper, they just might be winning your case for you. That is because your attorney can file a motion against whatever piece of evidence they find in your home. In other words, the evidence can become inadmissible in court, which may lead to the charges being dropped.
Right to an Attorney
Under the Sixth Amendment, every suspect has the right to an attorney after their arrest before their questioning. It also states that the court will appoint a public defender to represent you if you cannot afford an attorney. Every person accused of committing a crime in Minnesota has the right to legal counsel, but the specific attorney you enlist can make a major difference in the outcome of a criminal case.
This right ensures you are not subjected to the police’s skilled questioning tactics until you have a lawyer present. Meanwhile, you may waive your right to have a lawyer present, but you may end up saying something they can use against you.
Right to a Speedy trial
You have a right to know the charges against you and to a speedy trial following an arrest. This law ensures that your first appearance in court happens within a reasonable time after your arrest, usually within 48 hours.
This first appearance is your arraignment, and this is when the judge determines if you qualify for release or are a flight risk. If you qualify, they will declare the conditions of the release before releasing you on your own recognizance. On the other hand, you may need to post bond or bail before you can be released.
The Help of a Lawyer
Seeking a lawyer’s assistance as soon as you learn of a police investigation may be in your best interest. It is always a good idea to get legal representation before you interact with the police to avoid worsening your case. Furthermore, the lawyer can be present while the police officers are questioning you, and they can help get you out of jail afterward.
Conclusion
Knowing your constitutional rights after an arrest can make a significant difference in how your case unfolds. From remaining silent to securing legal representation, these rights protect you from unfair treatment. Exercising them wisely ensures you don’t unintentionally harm your defense. If arrested, consult an attorney immediately to safeguard your future.
