7.6: Rights of the Arrestee
As with other criminal justice processes, the arrestee also has specific rights upon arrest. The rights of a person being arrested fall under the Fifth, Sixth and Eighth Amendment.
- "No person…shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...." (Fifth Amendment).
- "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." (Sixth Amendment).
- "Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted." (Eighth Amendment).
Once a person is arrested, the officer is required to provide the person taken into custody their rights. Commonly known as the Miranda Rights, the following admonishment must be provided.
- You have the right to remain silent
- Anything you say can and will be held against you in a court of law.
- You have the right to an attorney, if you cannot afford an attorney, one will be appointed to you free of charge.
- Do you understand these rights? (The arrestee must verbally provide they understand the rights as explained)
If these rights are not provided to the arrestee, any statements made could be inadmissible in a criminal trial. Officers must also respect the rights. Officers cannot force or coerce statements from the arrestee. If they decline to talk, and invoke their right to remain silent, the officer must cease questioning. An arrested person has the right to be informed about the grounds for arrest and about the factual circumstances and legal classification of the crime he or she is suspected of committing.
After being taken into custody, the arrestee also has the right to make a phone call to an attorney and a family member within a reasonable amount of time. If custody status changes or the arrestee is moved to a new facility, they must be allowed to make a phone call to notify their attorney and family member.
The arrestee must be arraigned within 48 hours from arrest, excluding weekends. If a person is arrested on Monday, they must be arraigned by Wednesday. However, if the arrest occurs on Thursday, they will be arraigned on Monday.