JKR Law

Q: Are the Police Required to Tell Me What I’m Being Arrested For?

A: No, the police are not required to tell you what you are being arrested for.

Within 72 hours of an arrest, you have the right to be brought before a judge or released from custody.

Q: Do My Rights Change When I’m Under Arrest?

A: Your rights under arrest:

• Right to remain silent.
• If police are going to question you, you have the right to an attorney
• Right be brought before a magistrate within 72 hours to be charged
• Right to be treated reasonably

Q: Can the Charges the Police Arrested Me for Be Changed?

A: Absolutely. The police officers aren’t lawyers, but they have probable cause a crime has been committed. It’s up to the prosecuting attorney what charges are filed.

For example: Police might find someone with drugs on them and a large amount of cash and may arrest them for drug possession or drug dealing. A lawyer, the District Attorney (DA), then reviews the file, reviews the law and then places charges on them. The lawyers are the one who know what the law is and what charges should be filed. Charges are often enhanced, or dismissed if there is not enough evidence.

Q: Once the Police Have Arrested Me, Do I Have to Answer Their Questions?

A: No.

• You always have the right to remain silent.
• You should never answer the police’s questions.
• You should never talk your way out of it. (Don’t assume that you can)
• Always ask for a lawyer.

Q: Is it Legal for the Police to Lie When They are Interrogating Me?

A: Yes, the police lie all the time about evidence against you. Lying is an accepted interrogation technique.

Q: If I’m Innocent, Should I Talk To The Police?

A: No. If you are innocent it is especially important to have a lawyer.

Innocent people who are being questioned by the police call me all the time for representation. You need to be protected by a lawyer. Our prison system is full of people that claim their innocent and some of those people are actually telling the truth.

Q: Can I Sign Away My Rights?

A: Certain rights you can sign away. You can sign away your right to remain silent. The rights must be released under a three-pronged test of:

• Knowing
• Intelligent
• Voluntary release

Which means…

• You have to understand the language
• You cannot be under the influence of mind altering substances
• You cannot be under the threat of intimidation

As long as it’s free and voluntary then you can give away certain rights.

Q: When Can Someone Perform a Citizen’s Arrest?

A: If a crime is committed in your presence a person can make a citizen’s arrest.

Factors when making a citizen’s arrest include:

• Public offense committed in a citizen’s presence
• Reasonable cause to believe a person has committed a felony

Q: How Long Can I Be Detained Without Being Formally Arrested?

A: It depends. As long as it reasonably takes the police to conduct an investigation.

Q: What is the “booking process?”

A: It’s the process by which people are processed in the police department or into the jails which includes:

• Photographing
• Fingerprinting
• Assign you a number
• Processing into the jail.

It’s a way for law enforcement and the court system to keep track of you.