Getting Arrested and Knowing your Rights in Miami Florida
There are several reasons that one may be under arrest such as driving under the influence, domestic violence, child abuse, etc. If you have ever been in custody then you probably know the process could be very scary. Let us say, for instance, you or someone you know are stopped for speeding. The police officer may perform a sobriety test if he or she smells alcohol on your breath. If for some reason the officer believes you are over the legal limit then an arrest is valid, on the spot, for drunk driving. A Miami DUI lawyer is the perfect person to help you get through this difficult time.
Getting Arrested
Once a person is arrested, they will be taken into custody and put into a jail cell. If there is nobody else with the person at the time, then his or her car will be impounded. In some cases, the police officers may give you a stern warning and let you go with a harsh punishment. At other times, you may not be so lucky. An individual charged with a crime can end up with a criminal background.
Interview Time
Once you are arrested and escorted to the police station, the officer will want to interview you about what happened at the scene of the crime. Of course, you have the right to an attorney, so your best bet is to find a great Miami DUI defense attorney to represent you and your case, if charged.
Post Interview
It is up to the police as to whether or not release is available from custody or there is a criminal offense charge. The police have the option to:
• Release you without charging you with an offense
• Bail to court
• Give you a final warning or reprimand
Right to Being Arrested
A Miami DUI defense attorney will let you know your rights once arrested, but it is also the police officer’s duty to read you your rights at the time of arrest. The rights for an individual are:
• Allowed to remain silent
• Anything said will be used against you
• Availability of having a Miami DUI lawyer present
• Questions are not asked in the absence of the attorney
• No obligation to pay the fees of the attorney because state appointed lawyers are available
• Having the option to request an attorney further down the line and not being questioned until an attorney is representing you
• Being treated properly and not held unfairly
• Innocent until proven guilty
• The rule of the eighth amendment: No cruel and unusual punishment
The best thing to do when being arrested is to find the appropriate Miami criminal defense attorney that can help you with your case. The quicker a lawyer is retained, the faster the process will go.
