Being taken into police custody can be an overwhelming experience, especially if it’s your first encounter with the criminal justice system. Knowing your rights during this time is essential to protecting yourself and your future. At Archambault Criminal Defense, we want our clients to fully understand what they can and cannot do when dealing with law enforcement. Attorney Derek Archambault has 15 years experience as a criminal prosecutor and this perspective gives him an edge when developing defense strategies for his clients. If you’re looking for a Minneapolis, MN criminal defense lawyer, we’re here to help you stay informed.
You Have The Right To Remain Silent
There are many different crimes that a person can be arrested and charged with, from misdemeanors to felonies, from shoplifting to burglaries, from drug possession to drug trafficking. Regardless of the type or level of your charge, from the moment you are taken into custody, you have the right to stay silent. This means you do not have to answer any questions from the police about where you’ve been, what you were doing, or anything else related to the alleged offense. What you say can and will be used against you, so exercising this right can prevent misunderstandings or unintentional self-incrimination.
You Have The Right To Legal Counsel
You also have the right to speak to an attorney. If you’re in custody and request a lawyer, officers must stop questioning you until your attorney is present. This right helps level the playing field and ensures that you don’t unknowingly give up important protections. It’s okay to say clearly, “I want to speak to a lawyer,” and then wait without answering further questions.
You Must Be Informed Of Your Miranda Rights
Before any formal questioning, officers are required to inform you of your Miranda rights. These include the right to remain silent and the right to an attorney. If officers fail to provide this warning, anything you say after being taken into custody may not be admissible in court. These protections are in place to make sure you are aware of your legal options at every step.
You Do Not Have To Consent To A Search
Police may ask for your consent to search your belongings, your vehicle, or even your phone. You are not required to agree. If they search without consent, they must have a valid warrant or probable cause. Saying “I do not consent to a search” is within your rights and does not make you look guilty. It simply holds law enforcement to the legal standards they must follow.
You Have The Right To Know Why You Are Being Held
If you were arrested but it was not made clear what your charges were or the reason the police detained you, this is illegal and may help you in your defense.If you’re being held without a clear explanation, your lawyer can challenge the legality of your detention.
You Have The Right To Humane Treatment
No matter what you’re accused of, you’re still entitled to be treated with basic respect and dignity. Law enforcement cannot use excessive force, deprive you of food, or deny you medical care. If your rights are violated during custody, those actions can affect your case and may be grounds to suppress evidence or seek dismissal.
Conclusion And Next Steps
When you’re in police custody, understanding your rights can protect your freedom and your future.
If you’re facing criminal charges or believe your rights were violated during an arrest, we encourage you to take legal action. Archambault Criminal Defense is here to guide you through what comes next. We know how high the stakes are, and we take every case seriously. Contact us to schedule a free consultation with no obligations. A Minneapolis criminal defense lawyer from our team can review your situation and help you make informed decisions moving forward.
