You may however not be searched without your consent and a person of the same sex should conduct the search.
The police have the right to take your fingerprints and take photographs. In the case of police bail the investigating officer will propose an amount for bail and an agreement should then be reached on the amount of bail. After payment of this amount the arrested person may be released from custody. There should always be an officer on duty of sufficient rank to make the decision to grant or refuse police bail. Links FAQ's.
Toggle navigation Home. Home Frequently Asked Questions. What are my rights when arrested or detained? When can I be arrested? However, most interactions police have with people are not custodial, meaning the police have not taken you into custody and are not preventing you from leaving.
What Happens When A Person is Charged With A Crime?
In these situations you are free to go, so even if the police ask you questions, they are not under obligation to give you a Miranda warning. Though anything you say to the officer can still be used against you, you are not in custody, and are not entitled to be read your rights before the officer conducts an interrogation.
If you choose to make a statement to the police or answer their questions, you have to be honest and cannot lie or mislead them, lest you be prosecuted for obstruction or similar crimes. However, refusing to answer questions or refusing to cooperate with an investigation is not the same as lying or misleading a criminal investigation, and does not rise to the level of obstruction. As a general rule, you are under no legal obligation to answer the questions asked to you by police or prosecutors, nor must you ever talk to the police if they want to talk to you.
Further, if the police take you into custody and interrogate you, you have the right to talk to your attorney before you answer any questions, and the right to refuse to answer any questions they ask. While the police have to have a reasonable suspicion that you have committed, are committing, or will commit a crime in order to demand such identifying information from you, refusing to provide such information when demanded can be a crime.
Beyond that, all states have mandatory reporting laws that require some people such as teachers, childcare providers, and medical professionals to report suspected instances of child abuse or maltreatment to police or state officials. If you are obligated to report such suspected abuse and fail to do so, you can be charged with a crime. Furthermore, some states, such as Texas and Ohio, have laws that require you to report crimes.
In general, if you are arrested, you have no recognized constitutional right to make a phone call. While the police are obligated to take certain actions, allowing you a phone call is not always one of them. None of these requirements impose on the police an obligation to allow you to use a telephone or make any other communication with others outside of jail. However, there are a number of states — including Alaska, California, Colorado, Illinois, Massachusetts, Nevada, New Mexico, New York, North Carolina, Ohio, and Rhode Island — that do have laws that specifically grant an arrestee the right to make a phone call, or at least the right to communicate with counsel or friends following an arrest.
People often mistakenly assume that law enforcement officers have to be honest.
Being arrested :: Justice
Lying to the police or criminal investigators is a crime — yet the police lying to you is not. While police and all witnesses are sworn to tell the truth when testifying or presenting evidence, they are under no such obligation when they are investigating crimes, conducting interrogations, or otherwise performing their duties. For example, say a detective approaches you and tells you she wants to ask you questions about a friend of yours. She asks about a potential crime your friend might have committed, what you know about the friend, and where you were when the crime took place.
Anything you say to the police can be used as evidence against you to convict you of a crime — even if the police lie to you to get you to answer questions. Again, you are under no legal obligation to speak to the police, help them gather evidence that can be used against you, or to make statements of any kind.
The United States Constitution guarantees that you have the right to remain silent. Entrapment is a recognized affirmative legal defense. In an entrapment defense, you effectively say that, yes, you committed the crime, but were forced or coerced to do so by the state, and would not have committed it otherwise. Therefore, you cannot be held liable.
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This is not the case. For example, say you take prescription painkillers. A friend comes to you and asks you to sell him some pills. You agree and are quickly arrested because the friend was working as an informant for the police. This is not entrapment, because you chose to commit a crime simply because the opportunity arose. You were not coerced or forced to commit the crime, and did so of your own free will. However, if instead of the friend merely asking you to sell him the pills, he claims that he needs them for his ailing mother who is suffering from cancer.
You refuse initially, but the friend persists. You eventually agree and are arrested. This is a classic example of entrapment: If your friend had not gone to great lengths to get you to commit the crime, you would never have done so. You made the illegal sale solely because of coercive emotional appeals.
How to Get Rid of an Arrest Warrant
The high standards you have to meet to show entrapment means that the police can do a lot without their actions being considered entrapment. While it is true that prosecutors may be less likely to press charges if a witness is unwilling to cooperate with an investigation, this in no way means that average people get to determine when prosecutors do or do not file charges. Prosecutors have discretion in the kinds of charges they file, when they file those charges, and who they want to charge with a crime — but the final decision is always theirs.
Furthermore, citizens typically cannot file criminal charges on their own, nor can they stop prosecutors from filing criminal charges.
In the UK, arrest warrants can be issued to suspects and witnesses. We will not confirm if you are wanted on warrant over the phone. You must attend your local police station and bring some form of identification with you such as a passport, driving licence or birth certificate. You can find your local police police station here. If you have missed your court date then a warrant will be issued for your arrest. If you have breached your bail conditions then a warrant may be issued for your arrest.
Please go to the police station to discuss this matter further. You can contact us by telephoning You can then pass on all the details so we can take the appropriate action.
If you want to remain anonymous you can pass any details through the independent charity Crimestoppers. You can find out more by visiting www.
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