Pretty much everyone who has ever seen a cop or lawyer show is at least somewhat familiar with the Miranda rights . For the most part, these shows are quite entertaining. We’re especially partial to those 1980s made-for-TV Perry Mason movies. However, even the best courtroom dramas do a poor job of elucidating Constitutional Rights https://www.aclu.org/know-your-rights/stops-and-arrests-what-do-when-encountering-law-enforcement.

Hopefully, this post can answer some common questions about your rights when you are detained in Montgomery and Roberston Counties, Tennessee . And, help you to understand that you do have substantial rights in these situations. Most importantly though, is that if you are arrested, you also have the right to seek the bonding assistance of Fizer Bonding Company to provide bail and a fast and confidential release from jail.

At some point during the process of “being stopped”, most arresting officers inform detainees of their charges. In 2004’s Devenpeck v. Alford , the Supreme Court said that such information was “good police practice.” However, the Justices emphasized that there is no constitutional requirement here. Even if the state or county has such a law, there is almost always a clause which states that officers can ignore the requirement if they think it’s best to do so in the given situation.

The first time defendants must be informed of the charges against them is at their arraignment. But that hearing could be as long as forty-eight hours after the arrest . That’s a long time to sit in jail without knowing why.

No. Although the Supreme Court has recently watered down this requirement, officers must still have reasonable suspicion to detain a suspect. They must have specific, articulable facts which point to criminal activity. Officers may use their experience and training to interpret the facts they see.

Police can detain you for one thing and arrest you for something else. In many cases, the detention may only be a pretext. That’s especially true in DUI arrests. Many times, the officer pulls over the driver for something like an expired inspection sticker. The officer cares little about the expired sticker but cares a lot if they see potential circumstances that would bring about a potential DUI arrest, such as the smell of alcohol or slurred speech.

The aforementioned Miranda rights usually kick in when custodial interrogation begins. That’s the point when officers ask questions and the person does not feel free to leave.

Basically, no matter what police questioning procedures are used, you have a right to refuse to answer questions. That applies to everything except identification questions. That right also applies to physical acts, like trying on gloves to see if they fit.

Furthermore, police procedure for arresting someone requires that the officers have probable cause. Probable cause can be a cloudy and fuzzy area to define and no one is exactly sure what that standard means, but it is considerably higher than reasonable suspicion.

If you or a loved one is detained and arrested in Robertson or Montgomery County you need to call bail bonds near me, Fizer Bonding Company for a fast and confidential bonding out 24/7 every day of the year and “We’ll get your tail outta jail” .

In Montgomery County Call Fizer Bonding Company at (931) 449-9351

In Robertson County Call Fizer Bonding Company at (615) 667-1109

“We’ll get your tail outta jail!”

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