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Woman in Handcuffs at Table

You have the right to remain Silent...

 

Your RightsIf you are arrested, you should be aware of the basic rights of every United States citizen as spelled out in the 5th, 6th and 8th Amendments of the United States Constitution, and rights of Michigan citizens in Article I of the Constitution of the State of Michigan.

What You Should Know

Please be aware that any law enforcement officer can make an arrest. While a warrant is often required, it is NOT always required. A warrant is a legal order, issued by a judge, describing the charge and the person to be arrested. The warrant directs the arresting officer to bring the person described in the warrant before the court issuing the warrant.

If any of the following circumstances exist, a warrant is NOT necessary for an arrest:

  • The law enforcement officer has reasonable grounds to believe that a warrant for arrest has been issued (in Michigan or another legal jurisdiction).
  • The law enforcement officer has reasonable grounds to believe that a crime was committed and the person arrested was the person who committed the crime.
  • A crime was commited in the presence of the arresting officer.

Law enforcement officers are required to inform the person being arrested of the charge(s) against him/her. If the law enforcement officers ask questions, the suspect must be informed:

  • of the right to remain silent
  • that anything they say can be held against them
  • they have the right to have an attorney
  • if the suspect cannot afford an attorney, one will be appointed for them
  • they have the right to have a lawyer present during a police interrogation BEFORE any questions can start 

Neither a law enforcement officer, nor anyone else can legally force a suspect to answer questions, or sign papers. If the suspect is threatened and forced to give incriminating evidence, its use in court can be prevented.

To insure that you receive the rights due you, call Richard Zambon immediately if you, or a loved one, has been arrested, or, if you suspect that you are under investigation.

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