LEGAL ASSISTANCE PROCEDURE

/ at 8:34 AM / /

STEP BY STEP LEGAL ASSISTANCE PROCEDURE

When a crime has been committed and the police have been sent for, and there is a suspect who is identified to the police, the police will endeavor to apprehend that suspect and make an arrest.

The 4th Amendment to the United States Constitution necessitates that there be probable cause to arrest somebody. Probable cause for an arrest subsists when the facts and circumstances are such that a person of ordinary caution or prudence would believe and reliably entertain a strong suspicion of the guilt of the accused, so much that the suspect should be taken into custody to stand trial. Before the police can arrest anyone, and before a judge can issue an arrest warrant there must be probable cause. An oral complaint to a police officer by a victim of, or witness to, a crime can be enough to support probable cause.

Although there may not be enough evidence of probable cause, the police may stop and keep a person in custody to conduct a brief investigation. To do this the police must have some reasonable suspicion that a crime is being, is about to be or has been committed. This reasonable suspicion must be based upon specific and logical facts.

Normally, the police can arrest someone for any felony committed in their presence or reported to them, and any misdemeanor or infraction committed in their presence. Generally, by statute, the police cannot arrest for misdemeanors or infractions not committed in their presence (with the exception of violations of domestic violence restraining orders, domestic violence offenses, possession of a dangerous or deadly weapon within an airport, assault and battery upon a firefighter or paramedic, some driving under the influence offenses, and jail escapees). Instead, the victim or a witness to the crime may perform a citizen's arrest, in which they would arrest the suspect and immediately turn the suspect over to the police, who handle transport and booking.

"Miranda" Rights
What rights do you have? Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you during a custodial interrogation, he or she should read you your "Miranda" Rights:

1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police. It advised to you that, in the event you are ever put into the situation to have a law enforcement officer read you your rights, you immediately inform him or her that you do not wish to speak to them, or make a statement, without an attorney present. By law, at that request, they are not allowed to question you any further. You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. NEVER GIVE UP YOUR