Questions You May Have If You're Arrested
If you have been arrested then you will likely be scared, confused, and have many questions. This article will help you to get answers to some of those questions which may help to alleviate some of your stress and help you learn what you should do.
Can't you defend yourself without an attorney?
While you may legally be able to defend yourself, this doesn't mean that you should. There are a lot of reasons why having an attorney defend you should be considered a must. There is a lot more than you likely realize that goes into preparing and presenting your case. There are procedures that must be followed correctly, paperwork that must be filled out right and submitted on time, collecting evidence, speaking to witnesses, addressing the court, and much more. When your freedom is on the line, you need to do the right thing and have an experienced attorney looking out for your interest and helping you to see the best end result possible.
Should you have an attorney at your arraignment?
It's not generally required for you to have an attorney at your arraignment. However, you do want to be aware that it is still a good idea for you to have already spoken with an attorney. At the arraignment, you will need to enter a plea; a criminal attorney can help you to decide what you want to do when it comes to your plea.
Can't you just go with the court-appointed attorney?
If you have no other choice, then a court-appointed attorney will be the best way to go. However, if you are in a position where hiring a private attorney is possible, then you should really think about doing so. Where court-appointed attorneys generally have an exhausting number of clients and very limited time to spend on each case, a private attorney will only take your case on when they can give it the attention it needs. You can expect to see the best results possible when you hire a criminal attorney who you feel comfortable with.
Do you really have the right to remain silent?
If you are arrested, you absolutely have the right to plead the fifth amendment and remain silent until you have an attorney. Once you let them know you are pleading the fifth amendment and you want to speak to your attorney, they must stop questioning you until you have an attorney. If they do not, then you may be able to have the case dismissed for a violation of your civil rights.