If you are placed under arrest, the entire experience can be stressful and exhausting. But, you must remember to exercise your rights even in the midst of your panic and stress. One of the major rights that you have during an arrest is the right to remain silent. Do not underestimate this right, or how often people choose to neglect this right. Often, people panic when they are faced with a police officer, and the possibility of getting arrested, and say far too much. They may decide to admit to wrongdoing, hoping that the officer will not arrest them if they admit to whatever they did. They try to justify why they did not do anything illegal, but end up incriminating themselves int he process. No matter what a police officer says to you while you are placed under arrest, you do not have to answer any questions.

Remember, that anything that you say will very likely be held against you in a court of law. Police officers are carefully listening to every word that you say during an arrest and will use it against you later.  It is important to speak as little as possible, or stay completely silent until you have talked to an attorney.

You also have the right to talk to your New York criminal defense attorney. You have the right to speak to your attorney as soon as you have been arrested, or can call a family member or loved one. Your family could contact a lawyer on your behalf. You have the right to speak with an attorney at the place where you are being held by police. Remember, that a lawyer will make sure that police officers respect all of your rights while questioning you, and will also get started on the process of bail.

There are legal rights that must be enforced when you are being arrested. Speak to our New York criminal defense attorneys, to make sure that your rights are protected.

What Are The Conditions Under Which I May Be Placed Under Arrest?

Police officers are in charge of maintaining law and order, and may arrest persons they suspect have committed a crime. You can be arrested anywhere, and at any place. You may be arrested at home, when you’re out walking, or at your place of work. The criminal action against you is kicked off once you have been arrested, and taken into custody.

An arrest is lawful only when the officer has reason to believe that the person has committed an offense. The officer in your case must have probable cause to believe that you have committed some type of offense to arrest you.

If you believe that you were wrongfully arrested, get in touch with a Westchester County criminal defense attorney and discuss your case.

When a person has been arrested, he is typically taken into custody. At this point, police officers may search the person. If the person has any kind of contraband on him at the time, this will be seized or confiscated. If police officers recover any piece of evidence at this point in time, they will also seize the evidence. For instance, any tools that you have on your possession that could be used to commit a burglary, proceeds from a burglary or any other type of evidence may be seized by police officers. These items could possibly be used as evidence against you. After an arrest, you may also be finger printed, and officers will make out an arrest report.

Protecting your rights after an arrest is key to an effective defense. It’s important for you to speak as little as possible, and speak to an attorney immediately. Talking to a County criminal defense attorney is one of your primary rights after an arrest-use this right. Speak with a Westchester County criminal defense attorney, so that your lawyer can begin the process of securing bail for you.

What Happens At An Arraignment?

The arraignment is one of the first court appearances the defendant will make, after an arrest. When the person has been arrested, he must be presented before a judge within 24 hours after he’s arrested.

At the arraignment, the defendant will be informed about all of the charges that he faces. The judge will also make a decision on bail. He will also be informed about other details, whether witnesses have made an identification, or any statements that he has made to the police.

Why do you need an attorney at your arraignment? A defendant must have an attorney before the arraignment. If you have been arrested, get in touch with a Westchester County criminal defense lawyer immediately, and discuss what you can expect at your arraignment.

If you have been charged with a misdemeanor violation, you will be given the chance to plead guilty at the arraignment. You can plead guilty to the charges. If you have been charged with a felony however, you may be offered the chance to plead guilty to a misdemeanor at the arraignment. In most arraignments, defendants choose to plead guilty, even though they are allowed to plead guilty later on in the case.

It’s important to get some legal advice soon after your arrest so that you know exactly what you should do and how you can protect your rights at an arraignment. Remember, this is a very important proceeding, and marks the first time that you will be presented in court.

It’s important to consult with your attorney to determine what type of plea you should enter. Determining what type of plea you should enter depends on the severity of the charges against you, the case that the prosecutors have against you and other factors. Don’t make decisions on these matters on your own without consulting with a Westchester County criminal defense attorney.

You can plead guilty to the charges that have been filed against you, or to just some of the charges. Schedule a meeting with a Westchester County criminal defense attorney and discuss your case.

By: Kimberly Pelesz

Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters’ Place in White Plains and the Westchester County District Attorney’s Humane Education Taskforce.

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