What Rights Do I Have After Being Arrested in MI?

While it may feel like your life is ending when you get arrested, you may still be able to avoid a criminal conviction and the repercussions that come along with it. Both federal and state laws offer several rights to individuals after they are arrested. These rights ensure that people are treated fairly and that the legal system does not take advantage of them. An Upper Peninsula criminal defense lawyer can help protect you and your rights throughout the legal process. If you were arrested in Michigan, reach out to an experienced attorney today.

What Rights Do I Have After Being Arrested in Michigan?

You have many rights when you are being arrested, the most common being the right to be read your Miranda rights. This is a speech filled with information on your basic rights to ensure you know certain information and are not put at a disadvantage due to your lack of knowledge regarding your legal rights and options.

One of the most important rights you have after being arrested is the right to remain silent. This allows you to avoid making accidental self-incriminating statements and prevents the government from forcing you to testify against yourself. This is an important right to exercise during questioning as anything you say can be used against you as evidence later on.

You also have the right to make a phone call after being booked. While this is not a federally regulated right, individuals who are arrested are generally allowed to make at least one local call which is generally used to contact their attorney or family.

You will also have the right to legal representation after being arrested. If you already have a lawyer you can call them or you can hire one on your own. If you cannot afford to retain an attorney then the state will appoint one to you. You should ask to speak with your attorney as soon as possible after being arrested.

You also have the right to be brought before a judge and be informed about the nature of your charges. This is generally required within 48 hours of your arrest. The judge will typically set bail at this hearing. You also have the right to avoid excessive bail. The amount set must align with the severity of the offense you are being accused of as well as whether or not you are a public safety or flight risk.

What About My Rights When Being Charged?

The rights discussed above are relevant mostly after you are arrested but before you are actually charged with a crime. However, take comfort in knowing that various other rights take effect upon the prosecution charging you. You will have the right to:

A speedy and public trial by your peers
Confront and cross-examine witnesses
Avoid cruel and unusual punishments
Avoid double jeopardy
Due process of law

The above and more are important rights during a trial. For more information and to obtain skilled representation during your case, reach out to an attorney at Berger Law today.