Most of us do not come face to face with the legal system on a daily basis, other than the odd television show during prime time. However, in reality, if you are facing an arrest, then you will mostly likely be intimidated by the entire process. If you have been arrested for an assault crime, or any other crime, then it is important to understand your rights.

What are my Rights?

Right to Remain Silent – many police officers will conveniently forget to tell you that you have the right to remain silent. Instead they may bully you with questions and cause you to get flustered or angry. You may want to defend yourself or explain your side of the story. This is exactly what the arresting officer wants – a statement. Anything you say can and will be used against you in a court of law which is why it is best to use your right and remain silent. You do not have to speak to anyone if you have been arrested or are in jail. The only person who can order you to answer questions is a judge, not a police officer.

Right to Speak to a Lawyer – before you answer any questions, you also have the right to a lawyer. Again, the police may not tell you about this right and will instead badger you with questions about the assault. Speaking to a lawyer is by far the smartest decision you can make. You will be able to explain your side of the story without having to worry about if you have revealed too much or if you have answered ‘correctly.’ You can speak the truth without worrying about how this could affect your case later on. A lawyer will listen to your side of the story and determine the best defense strategy based on the interview, the evidence and the circumstances surrounding the assault accusation.

Home Searches and Warrants

When handling an assault accusation, you may also come face to face with the question of home searches. Under the Minnesota law, a police or law enforcement agent cannot search your home unless you give them permission or unless they have a search warrant. However, often this will not stop them. Make sure you voice your opinion and let the officer know that you have not given your consent and that the search is against your wishes.

If the officers do have a search warrant for your home, then you will need to step back and allow them to search your home. However, you can take notes about what they look for and include details about the officers including names, badge numbers and comments during the search. Make sure you contact a St Paul assault lawyer as soon as the search begins to determine if there is anything else you should do. Most of us do not know our rights when it comes to the legal system and police officers will often take advantage of this in order to get the evidence and information they want. Do not let this happen to you.

Facing a criminal conviction? Contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.

This entry was posted on Thursday, January 28th, 2010 at 5:23 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.