If you are placed under arrest, it is crucial to know your rights. These rights are referred to your Miranda rights. Many rights are spelled out to make sure you are treated fairly, but it is hard to protect your rights if you are not sure what they are.
You always have the right to know what crime you have been charged with as well as the names of those who have placed you under arrest. If not provided, an officer should provide their name upon request.
You have the right to use a telephone shortly after being brought into a police station in order to contact family or friends and arrange bail. It is important to be polite and courteous at all times. Everything you say can be used against you.
You always have the right to remain silent. All you have to say is, “I would like to remain silent” to invoke this right.
Just because you are stopped, does not mean you are being detained. Police may just be questioning your actions. If you are not being detained, you are free to leave at any time and stop answering questions, but you should check to make sure you are free to go before leaving.
Although it is not illegal in Oregon to refuse to identify yourself, police may detain you until they have established your identity.
You do not have to answer anything without a lawyer present. You just need to state, “I want to speak to a lawyer before answering any questions,” in order to exercise that right.
If police say they have a search warrant, you may ask to verify it. You do not have to consent to any search or seizure and cannot be arrested just for refusing one. That being said, if they have a search warrant, they may still be able to conduct a search, but by stating you did not agree to a search, you protect your rights if you would have to go to court.
If you have been arrested, contact our experienced Oregon criminal defense attorneys at Kroll & Johnson, P.C. We are happy to discuss your case and how we can help.