What are Your Rights After Being Arrested?

Posted on December 14, 2022 by admin

If you or someone you know has been arrested, it’s important to understand your rights. In this post, we’ll outline the basic rights that everyone who is arrested is entitled to. We’ll also discuss what to do if you’re questioned by the police or if you’re taken into custody. Keep reading for more information.

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Your Rights Begin During an Arrest

When you are arrested, the police must immediately inform you of your rights. This includes informing you of your right to remain silent and your right to an attorney. It’s important to remember that anything you say or do can be used against you in a court of law. When questioned by the police, it’s best to politely decline any request for information and consult an attorney before speaking further.

In addition to these rights, you also have the right to be treated with respect and dignity while in police custody. The police must not use excessive force or treat you unfairly based on your race, gender, or any other characteristic protected by law. If you feel that your rights are being violated in any way, you should speak up and contact an attorney immediately.

Your Rights Stay Consistent While in Custody

If you are arrested, it’s also important to understand that your rights don’t end when you’re taken into police custody. You still have the right to remain silent and not provide any information or answer questions. Learn more about your Miranda Rights. Additionally, you can still make phone calls from jail, including one to an attorney. You also have the right to be informed of any charges brought against you, as well as your rights during the booking process and trial.

By understanding and asserting your rights after being arrested, you can help protect yourself from any potential violations of those rights. Knowing what to do in the event of arrest is essential for ensuring that justice is served. With the help of a knowledgeable attorney, you can ensure that your rights are protected every step of the way.

Get Out of Jail With the Help of an Indianapolis Bail Bondsman

It is important to remember that if you are arrested, your case will soon go before a judge who will set your bail. In Indiana, the bail amount set for a defendant who has been arrested is determined by the presiding judge. The purpose of setting bail is to ensure the accused shows up to future court dates and remains in the area until their case is resolved. When determining bail, judges consider the severity of the crime committed, prior criminal record, and ties to the community.

If the judge finds that you are a flight risk, bail will likely be set at an amount higher than the presumptive amount or not set at all. In Indiana, if bail is deemed necessary for an individual’s release, it cannot exceed $500,000 without approval from the appellate court. In some cases, the judge may decide to release you on your own recognizance without requiring payment of bail. This alternative allows you to be released from jail while not requiring a monetary obligation.

If an individual is unable to pay the full amount that has been set for their bail, they are able to retain an Indianapolis bail bondsman who will post the bail for them. Generally, bondsmen require a fee of 10% of the total set bail amount from the accused or their family in order to guarantee their release.

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A Review of Your Miranda Rights in Indiana

Posted on November 16, 2018 by admin

In almost every cop movie you’ve ever seen, you have heard a police officer say, “Read him his rights”, as the suspect is being arrested. Well, this common on-screen portrayal is quite accurate of what happens when someone is arrested in real life, as it depicts the reading of our Miranda Rights. Not really sure what these rights are for? Continue reading for an important review of Indiana Miranda Rights.

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The Purpose of Miranda Rights

Miranda Rights are basically an explanation of your right to remain silent before being questioned during or after an arrest. Because the exact phrasing of the official “Miranda Rights” isn’t described in the Supreme Court’s history of adjudication, local law enforcement stations have created their own version and style of the Miranda Rights, which cover the basic statements that need to be read to the person being charged.

Basic Indiana Miranda Rights:

❶ You Have The Right To Remain Silent.

Everyone knows this one, right? The courts position is this:

“At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent.”

❷ Anything You Say Or Do Can Be Held Against You In A Court Of Law.

And the Court’s position is this:

“The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court.”

❸ You Have The Right To Have An Attorney Present Now And For Any Future Questioning.

And the Court says:

“…the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today. … [Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today.”

❹ If You Cannot Afford an Attorney, One Will Be Appointed To You Free Of Charge.

What does the Court have to say? They Say This:

“In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one.”

The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer…

“If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent.”

Can Cops Make an Arrest Without Reading Off Miranda Rights?

The answer, Indiana, is yes. The Miranda Rights aren’t used to protect you in any way from being detained and charged. It is simply an informative script warning you of what your rights are at that moment, because when you are being arrested, you don’t continue to have all the normal rights of a person not in question. Police only need a little thing called, “probable cause” to detain a person. Basically just a good-enough reason mixed with events and facts that leads cops to believe the person has committed an offense. The only time Miranda Rights are required to be read, is before interrogation sessions.

How to Get Out of Jail in Indiana

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Call Woods Bail Bonds at 317-876-9600 for safe and secure Indianapolis bail bonds you can trust. We also offer prearranged bail bond services for those needing to surrender to an arrest warrant. In some cases, we can get you turned in and released in as little as one hour. And don’t forget that right now, we are offering 8% bail bonds! Request a free estimate or jail information, anytime.

The Truth about Your Miranda Rights

Posted on May 9, 2013 by admin

In every cop movie you see, you know when you hear the officer say, “Read him his rights”, that the person in question is about to be arrested. Well, this is true in real life too. Continue reading to learn about these rights, and where they originated.

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What Are My “Miranda Rights” And What Are They For?

The Miranda Rights are basically an explanation of your right to remain silent before being questioned. Because the exact phrasing of the official “Miranda Rights” isn’t depicted in the Supreme Court’s history of decision making, local law enforcement stations have created their own version and style of the Miranda Rights, covering the basic statements that need to be read to the person being charged. An example goes something like this:

1. You Have The Right To Remain Silent.

Everyone knows this one, right? The courts position is this:

“At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent.”

2. Anything You Say Or Do Can Be Held Against You In A Court Of Law.

And the Court’s position is this:

“The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court.”

3. You Have The Right To Have An Attorney Present Now And For Any Future Questioning.

And the Court says:

4. If You Cannot Afford an Attorney, One Will Be Appointed To You Free Of Charge.

What does the Court have to say? They Say This:

The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer…

Can A Person Be Arrested WITHOUT Being Read Their Miranda Rights?

Where Did Our Miranda Rights Originate From?

The history of where the Miranda Rights came from is not pretty. It is named after a man from Arizona that was convicted of rape almost 50 years ago. His name, Ernesto Miranda. He was arrested on a theft charge for suspicion of stealing $8 from a bank employee. He was also suspected of a series of recent rapes, kidnappings, and robberies in the area. The story goes that he was never offered a lawyer during the two hour questioning session, where he admitted of raping an 18 year old girl a week prior, and of the robberies. He was convicted and sentenced to 20 years in jail. But during the trial process, his lawyers argued about his rights being violated because he was never informed of his right to remain silent, even though he signed legal documents attesting he understood his legal rights. In 1966, the Supreme Court ruled that Mr. Miranda’s rights were violated because he was never told of his right to remain silent. He was awarded a second trial but was still convicted. But that is where the phrase, “Miranda Rights”, originates from.

Bail Bonds in Indianapolis

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For more information about your Miranda Rights, and other rights after being arrested in Indianapolis, IN, call James Woods at Woods Bail Bonds, today. His teams of professional bail agents are highly trained and experienced in the legal industry and can accurately answer any questions you have about getting someone out of jail. You can reach James, or another friendly bail agent, 24/7, at 317-876-9600 for help with bail bonds in Indianapolis and all other surrounding counties in Indiana.