Your Basic Rights if Held by Police

Courts, Criminal Law, Criminal Laws, Police, Rights

Featured Attorney
Michael Komorn

Charged with Driving Under the Influence (DUI)

When you are arrested, you have certain rights that are protected by the Fourth, Fifth and Sixth Amendments of the United States Constitution. 

For example, police must have probable cause or a warrant to arrest you. 

During and after an arrest, you have the right to remain silent

You also have the right to a lawyer. 

If you cannot afford one, you have the right to a government-appointed lawyer.

It is important to stay calm and not exhibit hostility towards the officers. 

If you believe your rights were violated, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

Michigan Defense Attorneys - Top Criminal Defense Lawyers

The Fifth Amendment

The Fifth Amendment is one of the amendments in the Bill of Rights, which are the first ten amendments to the United States Constitution.

The Fifth Amendment creates several constitutional rights that limit the government’s powers regarding both criminal and civil matters.

Some of the rights that the Fifth Amendment guarantees are:

– The right to a grand jury, which is a group of citizens who decide whether there is enough evidence to charge someone with a serious crime.

– The right to be free from double jeopardy, which means that a person cannot be tried twice for the same offense.

– The right to remain silent, which means that a person cannot be forced to testify against themselves in a criminal case.

– The right to due process of law, which means that a person cannot be deprived of life, liberty, or property without fair and lawful procedures.

– The right to just compensation, which means that the government must pay a fair price when it takes private property for public use.

The Fifth Amendment protects the rights of the criminally accused and secures life, liberty, and property for all citizens. They say.

Michigan Criminal Defense Lawyer - Record Expungement

How long can the police ruin my life without charging me

If you are arrested by the police in Michigan, they can hold you for up to **48 hours** without charging you with a crime or as long as they feel like it. 

There is really no law set in stone on the amount of time they can hold you. 

If they feel you are a danger to yourself or society or if you are a flight risk you are screwed. Some people have been held for a long time. This time limit can be extended by a judge if there is good cause. 

You have the right to an attorney during this time and you should ask for one if you are questioned. Get a good lawyer that doesn’t back down.

Michigan Criminal Defense Lawyers Logo

Related Links

Need a Criminal Defense Attorney in Michigan?