Every person, no matter their criminal history, should fully understand the rights guaranteed to them under the U.S. Constitution. When you know what your rights are in certain circumstances, such as during an arrest or an interrogation, you can make the best decisions to protect your freedom.
This blog post examines the rights you have when you are arrested or interrogated in Ohio and details your legal options in these scenarios.
What Are Your Rights in Cincinnati, Ohio?
Law enforcement officers must personally bear witness to you violating any state statute, city ordinance, or federal law to place you under arrest. With that in mind, you should know the rights that you have if you are ever stopped by the police.
Rights During Questioning
If you are approached by a police officer while you are out somewhere and they ask you about your identity, you are required by law to provide your name, date of birth, and street address. These are the only questions you are legally required to answer.
An officer may pat down your clothing if they suspect you may be carrying a weapon. While you can clearly state that you do not consent to any search, you should not physically resist their efforts. You are well within your rights to ask if you are under arrest, and if you are, the officer needs to tell you why. If you are not being placed under arrest, you have the right to leave.
Regardless of what is happening, always be polite to police officers, even if you think their stop is unwarranted. Never try to run as this could lead to your arrest.
Rights During a Traffic Stop
Remember, law enforcement officers must witness you breaking a law. When they pull you over, they need to have a reason. Make sure that you remain polite throughout the ordeal and present your driver’s license, proof of insurance, and registration.
One of the things people don’t realize is that officers can search your car without a warrant if they have a reason to believe that you are engaging in criminal activity, you were involved in a crime, or there is evidence of a crime in your vehicle. The police have the right to frisk anyone in your vehicle if they believe they may be armed with a weapon; however, you have the right to clearly state that you do not consent to a search of the car.
The stop may lead to a ticket and even if you do not agree, you need to sign it. You could be arrested for refusing to sign the ticket. The ticket can be disputed in court. If the police suspect that you are driving under the influence, they may require you to take tests. Refusal to take these tests will result in an immediate suspension of your license but being over the limit will have the same result.
Your Rights After Being Arrested
If you are arrested, you can exercise your right under the Constitution to remain silent but this is something you must state clearly to the officer. Many people make the mistake of trying to explain their side of things to the police but this is not recommended. An attorney can help defend you from the charges you are facing.
Additionally, you have the right to legal counsel and when you state that you wish to remain silent, you may also state that you’d like to speak with a lawyer immediately. You’ll be given the chance to make a phone call to an attorney and the police are forbidden from listening to that call.
However, the police do reserve the right to record your other phone calls and what you say in those can be used against you in court. No matter the charges you are facing, it is ideal to speak to an attorney rather than try to defend yourself. If you are worried about the cost, the state will provide you a public defender free of charge if you are unable to afford one yourself.
It is strongly advised that you choose a criminal defense attorney in Cincinnati, Ohio rather than rely on public counsel. Public defenders often have high caseloads, making it more difficult for them to provide your case with the attention it requires.
Protecting Your Rights During Interrogations
If you are being interrogated, you have the legal right to speak with a lawyer before you answer any questions. Once you express your request to use your rights to speak with an attorney, the police must stop their interrogation.
While it is your right to continue talking to the police in an interrogation, it is not the best way forward. You put yourself at great risk of self-incrimination or compromising your defense. They will use leading questions, confrontation tactics, and try to manipulate your responses.
The best way to protect your rights while being interrogated is to know what the Miranda rights cover: the right to remain silent, the right to not answer questions, and the right to an attorney. You should make sure you calmly and clearly tell officers that you choose to remain silent and want to speak to an attorney.
Under the law, they cannot ask you anything else until a lawyer arrives. If they try, remember not to engage in any hostile or rude behavior with law enforcement officials. Some may try to make small talk but keep in mind that they may use this to get you to divulge seemingly unnecessary details. It could wind up making your case more challenging.
The absolute best way to protect your rights if you have been arrested and are facing an interrogation is to have an attorney present. You can call your family and ask them to hire one on your behalf or get in touch with one yourself when you are granted your phone call. The counsel you hire will arrive as quickly as possible to discuss your case and fight the charges against you.