Your Legal Rights if Detained in Ohio
The duty of police officers is to protect and serve the public. Sometimes in an effort to execute this duty they must detain an individual they believe might be dangerous or guilty of violating the law. Even though police officers enforce the law you do have certain legal rights that they need to respect.
Although dramatized on popular television crime shows, the speech outlining the rights afforded to someone about to be questioned by the police is called the Miranda warning, which is
derived from the landmark US Supreme Court case Miranda v. Arizona. The rights you are entitled to under Miranda include:
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
- The right to end a conversation with a police officer at any time
- Be aware that if you do speak with a police officer anything you say could be used against you in court
The Fifth Amendment to the US Constitution allows you to remain silent and likely you should if you have not been read your Miranda rights and the police begin asking you questions. If you have been detained by the Ohio police and are unsure if your
rights have been violated, it’s a good idea to consult an experienced Ohio criminal defense attorney.
A specific point to be aware of is that police officers are only required to read you these rights if they want to question you and you are in their custody, which means not free to go where you want to go. However, if you are not in
police custody and you have not been read your rights you should not say anything significant because whatever you do say can be brought against you if you are ever brought to trial.