What to Do After an Arrest?

 Posted on November 11, 2023 in Criminal Defense

An estimated 32,000 people are arrested each year in Utah. Following an arrest, you may not be aware of your rights. You may be agitated and think you have to answer any questions the police ask you.

Our Davis County criminal defense attorneys are here to provide you with an overview of your rights following an arrest and when you should contact an attorney.

Miranda Rights

If a police officer is arresting a suspect and intends to question them, then the officer must read the arrestee's Miranda rights.

Your Miranda rights come from the Supreme Court decision of Miranda v. Arizona. In Miranda, the defendant was arrested at his home and taken into police custody. He was interrogated by two police officers for two hours, after which he signed a written confession.

The confession was admitted as evidence at trial, and the jury found Miranda guilty of kidnapping and rape. On appeal, the Supreme Court of Arizona ruled that the defendant’s constitutional rights were not violated.

The U.S. Supreme Court thought otherwise, ruling that a person’s Fifth Amendment right to self-incrimination does apply to a person being questioned in police custody.

Invoking Your Miranda Rights

The Miranda warning consists of the following verbiage or something similar:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The suspect must verbally confirm their understanding of these legal rights. Besides that, you should keep silent until your attorney arrives.

What Happens if You Are Arrested Without a Warrant?

In Utah, law enforcement is not required to inform you of why you are being arrested. Nonetheless, according to Utah Rules of Criminal Procedure Rule 9, a police officer must present to a magistrate the reason for your arrest within 24 hours of your detainment.

The magistrate will review the evidence presented by the prosecutor to decide if probable cause exists. Probable cause means that based on the information available, a reasonable person would believe that you committed a crime. If the magistrate agrees that probable cause exists, then the judge must decide if you qualify to be released on bail.

Contact a Criminal Defense Attorney

You should reach out to a Salt Lake City criminal defense attorney immediately after your arrest. An attorney will make sure that the police are not using coercive tactics to get you to confess. This may include threats, force, or other means of persuasion. A criminal defense attorney knows the tactics that police officers use and will not let them get away with this dishonest behavior.

A Salt Lake City, UT, Criminal Defense Attorney Offering Aggressive Representation

If you find yourself on the wrong side of the law, you may not know what to do. That is where the help of a Davis County, UT, criminal defense attorney cannot be underestimated. Contact Collins Rupp, P.C. today online or by calling 385-777-2753 to schedule your free consultation.