Your Rights When Arrested for a Crime in Philadelphia

If you have ever seen a cop movie or police procedural on TV, you have no doubt heard the accused being read their rights. It usually goes something like this:

“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, one will be appointed to represent you.”

The specific language used may vary, and although these words are a staple of fictional police dramas, they do represent important real-life rights that everyone has when they are arrested. As an informed citizen, it is your duty to know about your rights and how to exercise them if you are ever arrested.

As a criminal defense attorney in the Philadelphia area for more than 30 years, Mark D. Hauser has represented countless clients and informed them of their rights during arrest and questioning. Today, he would like to share more information about your rights when you are arrested for a crime in Philadelphia.

Why Are Police Required to Read You Your Rights?

The reading of rights stems from the 1966 Supreme Court decision in Miranda v Arizona, in which it was determined that Ernesto Arturo Miranda's Fifth and Sixth Amendment rights were violated during his arrest and interrogation. The relevant portions of those amendments provide protections against suspects being compelled to incriminate themselves and give them the right to be informed of the nature and cause of the accusations against them.

In that case, the defendant was found guilty of kidnapping and rape after being interrogated and signing a confession, but he was never informed of his right to have an attorney present during questioning. As a result, Miranda appealed to the Arizona Supreme Court, which determined that his constitutional rights had not been violated. On another appeal, the U.S. Supreme Court ruled that Miranda’s confession should not have been allowed into evidence because his rights had been violated in obtaining it.

Today, police read suspects' rights to protect their case's strength and ensure those arrested are aware of their rights.

The Right to Remain Silent

In Miranda and other cases, the Supreme Court ruled that the Fifth Amendment’s protections against self-incrimination extend beyond trial, meaning no person can be compelled to act as a witness against themselves, even during a police interrogation. When you are arrested, you are not required to answer any questions the police ask you. Instead, you can tell them you are invoking your Fifth Amendment rights and will not answer any questions without an attorney present.

The Right to an Attorney

The Fifth Amendment also states that a person shall not be deprived of life, liberty, or property without due process of law. This due process includes the right to a public and speedy trial, as guaranteed by the Sixth Amendment, which also states that the accused has a right to have “the assistance of counsel for his defense.”

This clause has been widely understood to mean that you have the right to speak to an attorney and have them represent you. For everyone to have the same rights, an attorney must be provided to any accused person who can’t afford one. Because the Fifth and Sixth Amendments apply even outside of a courtroom setting, you have the right to have an attorney present during police questioning when you have been arrested.

The Right to be Informed of Your Charges

The Sixth Amendment informs you of your right to be “informed of the nature and cause of the accusation” in all criminal prosecutions. Generally speaking, the police must tell you why you are being arrested.

Finding a Criminal Defense Attorney in Philadelphia

Your constitutional protections still apply if you have been arrested for any crime in the Philadelphia area. You are strongly advised to exercise your Fifth and Sixth Amendment rights by refusing to answer any questions without a lawyer advising you. If you speak to the police during your arrest and questioning, you risk incriminating yourself, which could result in you being found guilty. Instead, inform them you will not answer questions and contact an attorney immediately.

If you have been arrested for any crime in the Philadelphia area, contact criminal defense attorney Mark D. Hauser by calling (267) 584-4093 before you answer any questions. He can act as your Philadelphia County criminal defense attorney (also Delaware, Montgomery, Bucks, and Chester Counties) in a wide range of cases, including DUI, drug possession, traffic tickets, and more.