So, you’ve been arrested. You’re probably experiencing some stress and anxiety right about now, and questioning everything you know about how United States law works. If this is your first run-in with the police, you’re probably doing a rundown of everything you’ve ever seen on tv or in movies…and that isn’t helping, because you know that those representations rarely depict anything close to reality.
In this situation, you’ll want to educate yourself as best as you can about what rights you have after your arrest. Lucky for you, the team at Teton Bail Bonds is here to help! Read on to learn about your most basic rights following your arrest.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney…”
Miranda Rights. You’ve heard them over and over and over again in all the cops dramas on tv, but do you actually know how they work to protect you?
The key points of your Miranda Rights are:
- You don’t have to say anything that might incriminate you. However, know that anything you DO say can be used as evidence against you in court.
- You are entitled to fair representation by an attorney, and if you can’t pay one yourself then the state is required to provide you with legal representation.
It’s important to note that it is not required for you to be Mirandized right away. If it is not initially planned for you to be interrogated, then these rights may not be read right away. Also, if you are suspected of being a threat to public safety, then these rights may not be read to you; but your words CAN still be used as evidence in court.
The Eighth Amendment
The Eighth Amendment of the United States Constitution is what protects you from cruel and unusual punishment. But how does the law define “cruel and unusual”? Throughout judicial history, many different court cases have helped to narrow the definition and increase reasonable protections.
Some examples of how “cruel and unusual” may be defined in court include:
- The punishment should fit the crime
- Juveniles cannot receive a life sentence without parole
- Prison guards maliciously beating inmates is unconstitutional
- Neglecting an inmates health or safety needs resulting in injury or illness is cruel and unusual
- Cases of severe overcrowding in prisons are unconstitutional
If at any time during your incarceration you become concerned that you may be experiencing cruel and unusual treatment, immediately report it to your lawyer.
Unless you commit a crime that is considered a nonbailable offense, then you are absolutely entitled to bail. A judge will determine an appropriate bail amount for the crime you have been charged with, and once you have paid the cost you will be free to await trial from the comfort of your own home.
If you or your loved one needs help making bail, Teton Bail Bonds is ready to lend a hand. Our friendly local bail agents are available 24/7 so that you can get back to your normal routine as soon as possible. Contact us today!