Different rights apply when you are in custody as opposed to when you are under arrest. You are placed in custody when an officer restricts your freedom of movement and you no longer have the ability to leave the area. Custody can occur in numerous places including rooms, cars, or various other confined environments. If you are placed in custody, it is important to remember you still have certain rights as supported by the constitution. Do not hesitate to contact a highly criminal defense lawyer if you have been placed in custody.
The Right to Refuse Searching of Your Home
An arrest warrant allows law enforcement to place you in custody. While law enforcement can search evidence that is in plain sight, an arrest warrant alone does not provide law enforcement the right to search your home. If law enforcement asks for permission to search your house, you have the right and it is recommended that you say no. A search of your home can lead to police discovering potentially incriminating evidence.
The Right to Remain Silent
If you placed in custody, you also have the right to remain silent. Assume that everything you say is on the record. Saying the wrong thing when placed in custody can help law enforcement create reasons to arrest you. Rarely are individuals placed in custody able to say anything that helps the case. Instead, individuals placed in custody more often say things that are used against them in a court of law. If for any reason, you do have to talk to law enforcement, refuse to say anything about your case.
Various Other Rights
Even though the police have placed you in custody, you still have certain rights. Failure to allow you these rights results in unlawful behavior by the authorities. These rights include the following:
- Cruel and Unusual Punishment. While in custody, you are protected against cruel and unusual punishment which means that you guaranteed adequate food and housing.
- Discrimination. Even when you are placed in custody, you are protected against any mistreatment or abuse motivated by discrimination due to your race, gender, religion, or sexual preferences.
- Due Process. You have the right to due process, which means that you have the right to appeal your charged offense and can even appeal actions taken against you by prison staff.
- Reading Material. Nevada courts have specified that individuals placed in custody have the right to receive legal publications and communications from sources including attorneys and publishing houses.
Simply being placed in custody does not mean that all of your constitutional rights disappear. Everyone charged with a crime has rights under the law, but only the best attorneys know how to demand them for their clients When you need the best representation, contact Ken McKenna Attorney at Law. Ken McKenna is one of the leading and highly experienced and successful criminal defense lawyers in Nevada . For further information or to schedule an appointment please contact Ken McKenna at 775.329.6373 or visit www.KenMcKenna.com.