Probably nothing turns your world upside down faster than being arrested – especially if you know you’ve done nothing wrong. But even if you had made a mistake, we are only human, and are prone to being lawed. During your arrest, you may feel embarrassed, and so vulnerable. You may be wondering, do I have any rights at all? Yes, you do.
First, you have your Miranda rights, where officers are required to tell you these rights any time they arrest you. You’ve probably heard them numerous times on TV “cop shows.” To review, your Miranda rights consist of the following:
- You have the right to remain silent
- You have the right to an attorney
- What you say to the officer may be used against your case later in court
- If you are unable to afford an attorney, one can be appointed for you
Understanding Your Miranda Rights
Not only must officers read you these rights when they arrest you, they must ask you if you understand them. If English is not your native language, do not hesitate to tell the officers no, you don’t understand. They are then required to bring in an interpreter to tell you these rights in your native language. If your arresting officer did not inform you of your rights clearly or in its entirety, tell your lawyer right away.
Your ADA Rights
What most people don’t realize is that they have a second set of rights when arrested if they’re a person living with a physical, emotional, sensory, or cognitive disability. By law, officers are required to accommodate any disability you may have. Specifically, these accommodations include the following:
- Communicating with you in a non-threatening manner
- Diffusing the situation by giving you the opportunity to calm down
- Assessing whether you are a threat to them or yourself
- Providing you with emergency medical services if you need them
- Providing a sign language interpreter or assistive devices if you’re hearing impaired
- Not depriving you of your wheelchair or other assistive mobility devices
- Not depriving you of your cane if you’re visually impaired and need it to navigate your surroundings
- Not depriving you of your prosthetic limb if you wear one
- Explaining to you what they’re doing and intend to do if you’re visually impaired
- Transporting you in a vehicle that most accommodates your disability
- Providing adequate transportation for your service animal if you have one
- Carrying out all arrest, transportation and booking procedures in the most compassionate and non threatening ways possible
Submitting to Arrest
Whether able-bodied or disabled, you should always submit to an arrest, even if you think it’s an illegal arrest. As a DUI lawyer San Francisco CA residents depend on from Morales Law Firm would advise, in the moment of your arrest is not the time to argue with officers. If you do, you may find yourself charged with resisting arrest in addition to your other charge(s).