What Are Your Rights Before And After Arrest?

What are your rights before and after arrest?

Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as your phone or computer.

If the police do not possess a search warrant, you are under no obligation to permit them entry into your home, garage, vehicle, or any other private space that is not accessible to the public.

Conversely, if they present a warrant, you should comply by allowing them to search the specific items or areas detailed within the warrant, as the scope of their search is typically confined to those terms.

Anything you say will be twisted into their narrative and used against you

While the police are conducting their search, you can ask if you can watch them as they complete it. That is… if you’re not facedown on the floor and handcuffed.

You can also ask if you can call a lawyer even if you’re facedown in the dirt and handcuffed.

They probably will not allow it so remain silent and assert your 5th amendment. Anything you say will be twisted into their narrative and used against you.

Before they begin. Police should give you a list of everything that they take as evidence when they complete their search.

They should also leave a copy of the warrant or other document that allowed the search.

Of Course There’s Exceptions

Anything you say will be twisted into their narrative and used against you

The Fifth Amendment

The Fifth Amendment ratified in 1791 is supposed to protect citizens from government overreach.

Protections

  • Due process: Requires notice and a hearing before taking away life, liberty, or property
  • Self-incrimination: Prevents being forced to testify against oneself in a criminal case
  • Double jeopardy: Prevents being tried twice for the same crime
    Grand jury: Requires an indictment by a grand jury before being tried for a serious crime
  • Takings: Requires just compensation when the government takes private property for public use

Other protections

  • Equal protection before the law
  • Financial compensation when the government takes private property

The Fifth Amendment draws its roots from English common law, with the grand jury clause tracing back to the Magna Carta, a historic document that safeguarded individuals against unjust prosecution by the English monarchy.

Miranda Rights

When you are arrested by the police, it is their legal obligation to inform you of your Miranda rights.

The most common version of Miranda rights is:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

You may encounter an alternative perspective, yet it must uphold the same rights.

You are not obligated to answer questions following your arrest, as both police and prosecutors cannot compel you to do so, and this right to remain silent is protected under the Fifth Amendment of the U.S. Constitution.

You are entitled to have legal representation with you when communicating with law enforcement or the prosecutor. When you are sitting in the “interview room”

This includes any oral or written statements you make.

Your right to a lawyer is guaranteed by the Sixth Amendment to the U.S. Constitution.

Michigan law guarantees that anyone suspected of committing a crime who wants a lawyer can get one, regardless of their ability to pay.

You must clearly and specifically ask for a lawyer to have one present during police questioning.

If you are charged with a crime

If you are charged with a crime, your right to a lawyer continues throughout the process. You find out what crime(s) you are charged with at an arraignment. At this point you become the defendant in the case. You’re part of the State of Michigan  family now.

So call us because you don’t want to be a part of that family.

Komorn Law (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Recent

Forfeiture without Criminal Charges

Forfeiture without Criminal Charges

Can the police seize your belongings and hold it without charging you with a crime?Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.Summary of "Ruben Delgado v. Michigan State Police": This case was filed in the Jackson County Circuit...

read more
Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more

More

Domestic Violence Conviction Prohibits Gun Ownership

Domestic Violence Conviction Prohibits Gun Ownership

No Second Amendment Rights For YouIf you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part of that family. Komorn Law (248) 357-2550A federal judge in Michigan has ruled that a man with a prior...

read more
Michigan Probationers Allowed Medical Marijuana

Michigan Probationers Allowed Medical Marijuana

Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA)....

read more
New Michigan Laws Going Into Effect 2025

New Michigan Laws Going Into Effect 2025

Making laws as fast as possible. Look over here...Not over there.Some of Michigan's new laws in 2025 include minimum wage increases, paid sick time, and automatic voter registration. Minimum wage The minimum wage in Michigan increased to $10.56 per hour on January 1,...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This