Rights During Arrest & Questioning

Partial view of businessman at workplace with notepad in office

If you’re ever held up by the police, you have the right to know how to handle the situation and how to secure the best outcome. There are certain inalienable rights that are granted to you, no matter what the situation may be. From the famous right to remain silent to the right to hire your own lawyer, here’s what you need to know about your rights and freedoms: 

The Right To Remain Silent

One of the most fundamental rights that the majority of people know about is the right to remain silent in questioning and at the time of the arrest. Police officers cannot hold it against you if you choose not to answer questions about what you’re doing, where you’re from, or where you reside. You may be required to share your name with the officer. 

However, apart from this basic information, you don’t have to answer questions without a lawyer present. 

If you choose to exercise this right, it’s best to say so aloud so that officers know you won’t answer their line of inquiry without a lawyer present. 

Reason for Arrest

If a law enforcement officer arrests or detains you, you have a right to know why. Police must share this information with you so that you can be better prepared for what happens next. While you still have the right to remain silent, knowing what charges are brought against you may help you decide whether to exercise your next right: The ability to hire a lawyer. 

Right to Representation

No matter what sort of crime you may or may not have committed, you have the right to hire a lawyer. Some individuals will choose to hire a private defence lawyer on their own, but others will want to take advantage of the duty counsel—attorneys who are paid for by the government. 

It’s best to hire a criminal lawyer as swiftly as possible, as they may be able to keep you out of jail during your bail hearing. This can have a direct impact on the outcome of your case, so be sure to consider whom you would contact in the event of an emergency, such as being questioned or arrested. 

Right To Speak Privately With an Attorney

In addition to being granted the right to hire an attorney, police must also give you the chance to speak with your attorney confidentially as soon as possible. This is your opportunity to start laying the foundation of your case and defence. Take advantage of the freedom to speak freely to your attorney without the prying ears of law enforcement. 

Hire a Defence Lawyer

Your best bet if you are arrested is to seek out the best criminal lawyers in Winnipeg. Brodsky Amy & Gould can represent you in criminal matters. Make sure to contact us as soon as possible to exercise your right to hire an attorney and to speak privately with them, no matter what type of charges you may be facing.