IF ARRESTED
Self-incrimination:
=If the crime you are arrested for has possible jail time as punishment, and you can’t afford an attorney, you have the right to have one appointed to you before questioning. Ask police how the lawyer can be contacted.
=You have the right to remain silent. You can refuse to answer any question if it would incriminate you.
Searches:
=If arrested for an infraction (eg: jaywalking) or being detained, you may get a pat down for weapons, but you should not be searched. In a pat down, they may not remove items, even if they believe they are contraband, that don’t appear to be weapons.
=Once you are arrested, they have the power to search you and your ‘immediate surroundings’.
= If you are arrested illegally, some evidence from the search may still be admissible in court and if you have outstanding warrants for other charges, you can be detained on those.
=The officer must show you the warrant within a reasonable time after arrest and give you a copy.
=You have the right to refuse any physical or chemical test. An exception comes up when you are stopped for suspicion of driving under the influence. Refusing to take a breath test or blood test results in an immediate license suspension.
=With a reasonable time after your arrest or booking, you have a right to make a local telephone call to a lawyer, bail bondsman, relative or any other person.
=You have the right to appear before a judge on the next court day for hearing on release on bond or without bail. You may ask the judge to lower your bail or to be released "on your own recognizance" (without bail). Present to the judge reasons why you should not remain in jail pending trial.
Within 48 hours of arrest, the judge must:
1) tell you the crime you’re accused of committing.
2) give you a copy of the written complaint.
3) give you a continuance (more time) to get an attorney or have one appointed.
4) tell you the nature and effect of pleas you may enter:
not guilty= don’t give up any rights, including right to a speedy trial
no contest= admit the facts in the complaint are true, but deny guilt
guilty= admit to the crimes and give up your right to a trial and to remain silent; a guilty plea may lay the foundation for a harsher punishment if later convicted of another offense.
=If you cannont afford an attorney, ask the court to appoint a lawyer for you.