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What Are My Rights When in Police Custody?

By Hager & Schwartz, P.A.

September 11, 2020

Know What to Do When in Police Custody

It should go without saying that being in police custody for any reason is not where a reasonable person would want to find themselves. Unfortunately, things happen, and people get in trouble — and when an arrest occurs, it’s critical that the person in custody understands their rights.

Police custody refers to the concept of being under arrest. If a law enforcement officer arrests you, the law requires that you are read your Miranda rights. Knowing your rights could help you stay away from getting yourself into additional trouble.

As a top Volusia criminal defense attorney, we want you as a prospective client to know your rights, which should help make our job representing you easier. Here are three fundamental rights you need to know and understand.

The Right to Remain Silent

The law does not compel you to be a witness against yourself. When you are told during the Miranda reading that you have the right to remain silent, it should serve as a warning for you to be quiet. As your prospective attorney, that is what we would strongly prefer. Why?

Criminal laws are generally complicated, not easy for a layperson to understand. When an officer informs you that "anything you say can and will be used against you in a court of law," they mean it. The best chance you will have for an effective defense is to heed the warning and stay silent until you can hire and speak with an attorney. They know the law and further understand what information you should disclose to law enforcement.

The Right to a Phone Call

It would not be reasonable to place you under arrest without allowing you to communicate your situation with someone you know. With that in mind, you java the right to make at least one phone call.

When you make your call, you should be calling your attorney if you have one or a family member. Your family member should be someone who can act on your behalf to contact an attorney and start arranging bail.

The Right to an Attorney

If you are facing criminal charges in Florida, you need a Volusia criminal defense attorney to help you through the legal process. We strongly urge you not to represent yourself. Once you request or have an attorney, you do not have to speak to law enforcement until your attorney is present.

Contact a Volusia Criminal Defense Lawyer

If you face criminal charges, having a skilled attorney in your corner can make all the difference in your case. At Hager & Schwartz, P.A., we have the experience to help you receive the best possible outcome.

Contact us today at (386) 693-1637 to schedule an appointment to discuss your case.