When an individual is arrested, they are taken into custody. At that point, they lose all freedom to leave. However, it is also possible that one could be detained for questioning without being arrested if a police officer believes them to be associated with a crime. Whether arrested or detained all that is required is to give a name, address, and show identification. No questions have to be answered.
Both citizens and non-citizens have rights when arrested. Before being questioned by a law officer, he has the duty to state the following rights: you have the right to remain silent, anything you say may be used against you, you have a right to have a lawyer present while you are questioned, if you cannot afford a lawyer, one will be appointed for you. The above rights are commonly known as the Miranda rights as established by the United States Constitution. If an officer fails to give these warnings, it is possible statements made to police will not be admissible in court. However, this does not indicate the court case will be dismissed. It also is not applicable to information volunteered without questioning.
If one voluntarily gives up their rights, they can be questioned without a lawyer present. It is also possible to agree and later change one’s mind. At that point, questioning must cease until a lawyer is present. One will often be required to present physical evidence varying from a shirt to taking a test such a breathalyzer. Refusal is possible but it will be used against he individual in court. After a suspect is booked which includes written official documentation of the arrest, fingerprinting, and photography, he is permitted to make three telephone calls within the local dialing area.
If you have been arrested and need legal assistance, contact the experienced San Jose criminal defense attorneys at the law firm of Daniel Jensen today by calling (408) 296-4100.