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What Are My Rights During Arrest and Questioning

Craig Kadish

By: Craig Kadish

June 21, 2022

In the United States, the police make over ten million arrests every year - that’s about one arrest every three seconds. That’s why it’s important to understand your rights during arrest and questioning and to call an experienced Baltimore criminal defense attorney as soon as possible.

Can The Police Enter My Home?

If the police arrive at your home and ask you for permission to enter, you can decline if they don’t have a valid search warrant issued by a judge, based on probable cause. Since giving the police permission to enter without a warrant can make anything they observe on the premises admissible as evidence against you, it’s best to politely refuse to allow them to enter and step outside to speak.

How To Handle Traffic Stops

In the United States, the police stop over sixty million vehicles a year, so it’s important to know what to do if it happens to you. They can only stop you because you’ve broken a traffic rule or suspect that you’ve broken the law, but there are many behaviors and circumstances that provide the police with the reasonable suspicion they require to make a stop. After a stop, the police have a right to request your license, registration, and insurance information and to ask you to step out of your vehicle. They are allowed to search and pat you down for weapons in the interest of their own safety, but they can’t search your car unless they have a reasonable suspicion they can articulate. It’s important to remain calm and keep your hands visible during a traffic stop.

Do I Have To Answer Questions?

You are not required to answer any questions asked by the police without an attorney present, but they are not required to advise you of this right until after you’re arrested. If you’re being questioned, but not arrested, it may be due to a lack of evidence of probable cause to make an arrest; it’s important to know that they cannot detain you for an extended amount of time, only enough time to reasonably conduct the original purpose of the traffic stop.  If the police ask you questions such as “do you have a license and registration”, you should answer.  If they ask you about criminal activity, or where you’re coming from or going to, you are not required to answer.  In either case, It’s important to speak politely, showing the police you know your rights without being belligerent.

When Should I Call A Baltimore Criminal Defense Attorney?

If you’ve been charged with any type of crime, it’s important to contact a Baltimore criminal defense attorney as soon as possible after you’ve been arrested. The sooner you retain an attorney, the quicker you can be released on your own recognizance or post bail, and get started with the preparation of your defense. 

If you or a loved one is in need of a criminal defense attorney, contact Craig M. Kadish to schedule an appointment for a free consultation.

Craig Kadish

Craig Kadish

With 30 years of experience and a lengthy track record of success, Craig Kadish has earned a reputation as one of the nation’s most highly sought after criminal defense attorneys. Mr. Kadish has practiced criminal law for three decades, winning an array of high-profile cases. He has had the honor of being recognized both locally and nationally for his dedication, diligence, and prowess in representing clients in exacting and innovate ways. He’s known as a leader in his field. His tenure as a criminal defense attorney and law professor has given him invaluable expertise that few other attorneys possess.

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