What are My Rights When I am Arrested?

The Constitution and Declaration of Independence guarantee prisoners certain rights.

Many believe the war in Afghanistan was America’s longest war, but the War on Crime declared by President Lyndon Johnson in 1965 has persisted even longer. He called it a “crippling epidemic” that “hinders the economic progress of the nation.” Some states have changed tactics in this war, but in red states like Texas, mass arrests are still the preferred strategy. So, if you live in the Lone Star State, you or someone you know has probably been arrested at least once. In fact, most people know several people who’ve spent some time behind bars.

These prisoners have important legal rights, most of which come from the Constitution. Others are the basic human rights mentioned in the Declaration of Independence. Usually, governments that are at war do whatever it takes to win. The government often cannot or will not guarantee or uphold the rights of prisoners. Only a Ft. Worth criminal defense lawyer can do that.

Silence

The Fifth Amendment does not kick in when the cell doors close or even when officers handcuff suspects. Instead, this right takes effect when officers begin custodial interrogation or ask questions when the person does not reasonably feel free to leave. Most people don’t feel free to leave the moment a squad car appears ominously in their rearview mirrors.

Some people waive their Fifth Amendment rights at the scene. In fact, a Ft. Worth criminal defense lawyer often encourages that behavior, especially if the person is a witness, not a suspect. However, once the cell doors close, you have been arrested, and things cannot get worse. So, close your mouth.

The Fifth Amendment also protects the right to nonverbal silence, such as appearing in a lineup or posing for a picture. Defendants must only comply with basic “stay behind the line” commands.

Fair Treatment

Jail does not alter your status as a person. All incarcerated people have the right to health, safety, and necessary medical care.

In the post-COVID era, health has taken on a new meaning. Infectious diseases ravage jails, mostly because so many inmates have drug problems and other pre-existing conditions. Safety is usually the right to safe transportation and security. Inmates wearing ankle shackles should not walk unassisted, and they should not have to worry about jail riots.

“Necessary” medical care is fuzzy. What is necessary to some people is optional to others. Sex change operations in jail are a good example.

Reasonable Bail

“Reasonable” is another fuzzy word. In this context, the amount of bail should balance the defendant’s right to freedom because he/she has not been convicted of anything, with the dangers of pretrial release, which include the defendant’s flight risk and threat to the community.

Usually, the sheriff sets presumptively reasonable bail amounts upon initial jail processing. In serious cases, the sheriff doesn’t set bail. A Ft. Worth criminal defense lawyer can set or reduce the bail amount at a subsequent bail reduction hearing.

Attorney

This right is also difficult to pin down. The Sixth Amendment does not guarantee the right to a free lawyer. Only indigent defendants, as defined by the court, are entitled to free or reduced-price lawyers.

However, the Supreme Court has ruled that defendants are entitled to their attorney of choice. The state cannot seize so much property that a defendant cannot afford to hire their lawyer of choice.

While lawyers in traffic ticket cases are optional, they are mandatory in criminal cases. The direct and collateral consequences of a criminal conviction are too significant to understate or ignore. Furthermore, defendants who represent themselves must know all formal and informal rules of court. Attempting to represent oneself in a criminal case is akin to filing a corporate tax return without consulting the instructions.

Reach Out to a Diligent Tarrant County Criminal Defense Attorney

People have the same rights in jail that they have in the free world. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. We routinely handle matters throughout the Lone Star State.