If you’ve been following along with our posts recently then you have probably seen that the team at Wanna Get Out Bail Bonds on Oahu has been sharing some helpful information. Whether you’re the person who was arrested or you’re a loved one who is seeking to help that person be released from jail, the fact remains that there’s quite a bit of information that could come in handy. Of course our team will be here to help you at every step of the way, but we thought we’d take a bit of time to cover a few of the things that you might need to know.
Our previous posts were all about common terms that you should know, how you can improve your chances of being released, and how to use your time after being bailed out. We’d like to continue on in that same vein today by sharing a bit about the rights that you have. It can be confusing to be sure; how are you supposed to know what’s actually a right and what’s something that they only do in the movies?
That’s why in today’s post we’ll be covering everything you need to know. After all, as The Clash’s Joe Strummer famously said, “know your rights!”
A Look at the Rights You Have Under the U.S. Constitution
You Are Allowed to Remain Silent
The first parts of your Miranda Rights states that you’re allowed to remain silent, because — and here is the important part — anything you say can and will be used against you. In other words, they are actively going to be listening to what you say in order to find something to make the arrest stick. Our advice is to take full advantage of this right.
One important thing to keep in mind, however, is that the police can’t question you without reading you your rights. As NOLO states, police don’t have to read you your rights, but “if they start questioning you but haven’t read you your rights, they can’t use anything you say as direct evidence against you at trial.”
NOLO goes on to mention the fact that “if you choose to talk to the police officer, you have the right to stop the interview at any time.” Until you are placed under arrest and read your rights, you’re allowed to say that you don’t have anything to say and to ask to leave. The police can detain you, but it’s important to note that this is different than being placed under arrest.
You Are Allowed to Have a Lawyer Present
Another right you should know about is your right to a lawyer. This is another one to take the police up on. Unfortunately, all too often people think that because they haven’t done anything wrong, they don’t need an attorney. The other scenario that we encounter often is that people can’t afford an attorney, so they decide to take on their own defense.
The key thing to remember is that a lawyer has experience in dealing with situations just like yours. Although you may not have done anything wrong, you still should seek out the advice of an attorney because he or she is there solely to help you.
You should also keep in mind that if you’re not able to afford an attorney, a public defender will be appointed to you.
Although every situation is different, our advice is to have a lawyer present when you’re being questioned by the police after you are placed under arrest. Exercise your right to remain silent until you have a lawyer present. Once your lawyer is there, he or she will be able to offer advice about how to offer specific questions or to step in if questions are out of line. No matter the specifics of your case, having a lawyer there will ensure that you don’t accidentally incriminate yourself or offer information that may only damage your case.
You Have the Right to Be Treated Humanely
This right isn’t one that is violated often, but it’s an important one to know about nonetheless: you have the right to be treated humanely. No, your time in jail won’t be like staying at a five star hotel, but you should still be given access to food and water and allowed to use the restroom.
This also means that if you’re attacked by a police officer whether it’s during your arrest, while you’re in jail, or while they’re questioning you, you should do your best to remember all of the details to relay back to your lawyer.
Another part of being treated humanely is that you must be released within a specified amount of time if you’re not going to be charged with the crime you were arrested for. This varies from state to state, but generally speaking, you need to be charged within two days. A lawyer can make sure you’re released in a timely manner, but if it’s been more than a couple of days since your arrest and nothing has happened, your right to being treated humanely might have been violated.
You Have the Right to a Speedy Trial
According to the crew at FindLaw, “the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an ‘impartial jury.’” This is where a bail bondsman often comes into play, because the truth of the matter is that the criminal justice system is a busy one, and sometimes there can be a large delay between the time that you’re arrested and the time that your case goes to trial.
Being released on bail means that you are allowed to get back to your normal life, going to work, getting groceries, and consulting with your attorney to come up with a strategy for your trial.
FindLaw also notes that “a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty ‘beyond a reasonable doubt.’” In other words, it’s on the defense to prove your guilt, not on you to prove your innocence. Throughout the process, your attorney will ensure your right to a speedy trial, so be sure to stay in close contact.
Your Source for Oahu Bail Bonds
For further reading on the subject of your rights, be sure to check out NOLO to learn more about Criminal Arrests and Interrogations to get a full sense of what your rights really are. There are plenty of reasons to know what the law says, and it just makes sense to know how to protect yourself in the event of an arrest.
Of course whether you’re organizing your own release or you’re helping a loved one to get out of jail, the team at Wanna Get Out Bail Bonds in Oahu is here to help. We’re based in Honolulu, but we proudly serve the entire island of Oahu. No matter the situation, no matter the time of day or night, we’re here to help. Contact us today to work with a team who is dedicated to helping you through a difficult process.