What Are the Rights of the Person Arrested?
Once an arrest is made, the accused is taken before a magistrate and informed of: • The accusation and any affidavit filed in relation to it. • The right to retain counsel. • The right to remain silent. • The right to have an attorney present during any interviews with state personnel. • The right to terminate an interview at anytime. • The right to request the appointment of counsel if the person cannot afford it. • The right to have an examining trial • That the person arrested is not required to make a statement and if one is made, it may be used against him. The magistrate is required to allow reasonable time for the arrested to consult with his attorney and be bailed out of jail if allowed by law. A ticket may be issued for a Class C misdemeanor in lieu of a hearing before the magistrate. Additional rights of an accused person include: • Presumption of innocence until proven guilty beyond a reasonable doubt. • Right against self-incrimination. • Right to not be prosecuted for a fe
