Protecting Your Rights During a Police Investigation in Alabama
You’ve never been arrested, so you had no idea what to expect.
Then, suddenly, you have some handcuffs slapped on you with your hands behind your back. You can’t believe this is happening. You protest, and the police don’t care.
Remember your rights!
You have the right to an attorney AND the right to remain silent. Tell them you wish to remain silent and want to speak to an attorney. You also have the right to talk to a family member. Do not answer any questions until you have a representative present.
Police must remember your rights, too. They must tell you why you’re being arrested and read your “Miranda warning” out loud. The Miranda rights say:
- You have a right to an attorney
- You have the right to remain silent
- Anything you say can and will be used against you in court
- If you can’t afford an attorney, one will be assigned to you.
They must stop questioning you until your attorney is present. Whether you are in Mobile, Alabama, or anywhere in Alabama, in custody or being interrogated, these rights are the law!
If you have not been “Mirandized,” any evidence law enforcement obtained may be thrown out of court.
Remain Silent
Understand that any police officer, marshal, sheriff, or deputy acting within his county may stop and question you. All he has to say is he reasonably suspected you were committing a crime or about to commit a felony. He may legally ask you for your name, address, and why you are there.
At the same time, you have a right to remain silent.
You do not have to engage or sign any paper or make any decisions until your lawyer is present, no matter what the police say. Police have tried to pressure you to waive your Miranda Rights. They may sound reasonable and try to convince you that you will get a better deal if you speak to them now.
You do not need to listen to that argument. Your attorney will help you decide whether you must answer their questions and when is the best time to do so.
Whatever you do, stay calm and do not blurt out anything about your circumstances.
Your Alabama Criminal Defense Attorney
Attorney Jason Darley is knowledgeable in all aspects of criminal defense law. He has helped thousands of people who were wrongly charged in their time of need.
Contacting Mr. Darley, and he will:
- Explain your Legal Rights – He will determine if aggressive law enforcement has already violated your rights. And he will explain the criminal process from this point forward.
- Explain whether the Evidence was Legally Obtained – Sometimes, law enforcement can be extremely aggressive when obtaining the evidence they use against you. Mr. Darley will determine if police can use the evidence in court or if it is inadmissible because law enforcement violated your rights. That information can be extremely helpful when it comes to having your case dismissed.
- Provide Legal Counsel—Mobile Criminal Defense Attorney Jason Darley will prepare you to answer police questions while protecting your constitutional rights. If you are ever in this uncomfortable situation and don’t understand whether your rights were violated, do not hesitate to call Attorney Darley. During an initial consultation, he will quickly assess whether you have firm ground on which to stand. Certainly, do not answer any questions until he arrives.
- Determine if a False Report was Made – Someone will occasionally report an incident they know to be false to law enforcement. They may say you were stealing from a construction site or you were about to set off a bomb near someone’s home. Falsely reporting an incident is a Class A misdemeanor in Alabama. Falsely reporting a bomb or hazardous substance is a Class C felony. Attorney Darley understands that the actual perpetrator should be pursued when you have been falsely accused.
- Determine if Police Misconduct was Involved—Police misconduct violates the law, whether it involves excessive force, racial profiling, fabricating evidence, or abuse, verbal or sexual. If the police have violated the law in your arrest, your criminal defense attorney may challenge the evidence obtained under the Fourth Amendment of the US Constitution.
This is not a time to try and navigate Alabama criminal law on your own. You have one chance to get it right.
Call Jason Darley, Alabama criminal defense attorney at his Mobile, Alabama office at 251- 441-7772. He focuses on all criminal matters, including felonies, DUI, drug possession, domestic abuse, white-collar crimes, and traffic violations.