What Are Your Rights After an Arrest in Pennsylvania?
Being arrested can be a scary and confusing experience, especially if you don’t understand your legal rights. In Pennsylvania, the Constitution accords individuals several rights in the event of an arrest. Understanding these rights is crucial for protecting yourself and building a strong defense against any criminal charges you may face.
The following are some of the rights you have after an arrest in Pennsylvania;
- The Right To Remain Silent
After being arrested in Pennsylvania, one of your most important rights is the right to remain silent. In fact, after an arrest, police officers are required to advise the arrestee of their right to remain silent. The police usually warn individuals that anything they say can be used against them in court. Because your statements can be used against you, it is often best to remain silent and only provide basic information, such as your basic identifying information. This is commonly referred to as being read your “Miranda Warnings” or being “Mirandized.”
If you choose not to answer questions, you must clearly and explicitly inform the police that you are invoking your right to remain silent. For example, you can say, “I choose to invoke my right to remain silent.” Otherwise, the police may keep questioning you, assuming you are waiving your rights.
- The Right to an Attorney
Another important right that arrestees have in Pennsylvania is the right to an attorney. You have the right to have an attorney present during interrogation, and it is highly advisable that you exercise this right as soon as possible. Once you request a lawyer, the police must stop questioning you until your attorney arrives. A lawyer can help you answer police questions in a manner that conveys helpful information but does not incriminate you. You should expressly say that I want to speak with a lawyer before answering your questions, and that you are exercising your right to remain silent and will continue to exercise that right until you consult with an attorney.
- Rights Regarding Detention
In Pennsylvania, arrestees have rights regarding how long the police can detain them without formally charging them. Typically, the police cannot hold you for over 48 hours without criminal charges. However, this time limit may be extended in certain situations.
- Rights Regarding Bail
If prosecutors decide to press charges against you, it may result in you being detained for longer. However, under Pennsylvania law, defendants have the right to post bail unless they are detained for a capital offense or a crime for which the maximum sentence is life imprisonment, or no other condition(s) other than imprisonment can assure the safety of the community.
- Right To Be Informed of Charges
When you are arrested, the police must inform you of the reason for the arrest. You have the right to know what crime you are being accused of committing. If formal charges are filed against you, you have the right to be informed of those charges. Usually, this happens during a preliminary hearing where the judge reads the charges and determines bail.
- Protection From Unreasonable Searches and Seizures
While law enforcement can conduct a search following a lawful arrest, they can only search your person and the immediate surroundings. They typically cannot search your car, home, or phone without a warrant or your consent. If they conduct an unreasonable search and seizure, an attorney can help you file a motion to suppress the evidence.
Contact an Experienced Lehighton & Carbon County Criminal Attorney
If you’ve been arrested in Pennsylvania, contact our Lehighton & Carbon County criminal attorney at The Law Office of Adam R. Weaver, Esq., for quality legal guidance.
Source:
palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=57
