If anyone gets arrested under a criminal charge, it can be a frightening experience, especially if the act of crime is unknowingly committed or when one is being charged wrong. There are different policies of arrest that apply in different countries and regions. In certain countries arrest might not look like one and one might not be aware that they have been arrested for criminal charges. It is necessary to know laws of that country or region. Many arrest procedures are the same while in certain cases they might not be normal.
What is under arrest means?
The legality of being under arrest could have different connotations. The most common instance is when one is taken into custody by a law enforcement department or agency like the police department. Police department or any other agency that looks into law enforcement usually has the power to execute an arrest. When one is being arrested, someone who represents the law enforcement agency will state the same so that there is no confusion. At such a moment, if the handcuffs are put on one’s hands, it would signify, without doubt that one is being put under arrest.
What happens at the time of arrest?
When one is under arrest, he or she is read out their rights. These differ from one country to another. In the US the rights that are read out to the person being arrested are known as the Miranda Rights. The rights need to be read out for an arrest to be considered legal. One of the terms in the rights state that anything said can be used against the person being arrested. The accused also has the right to legal aid. At such a time, depending on the person’s situation, he or she could ask for their right to make a call and arrange for their personal legal representation. For those who are unable to arrange for the same, they would be provided legal aid from the state.
Seeking legal assistance
At the time of one being arrested, they are usually given permission to make a phone call. Usually the call is made for a loved one or a friend who can call in for legal aid. If one already has a personal lawyer, he or she can call in and inform the lawyer of the situation. Usually any criminal barristers London will advise their client to stay silent at the time of being arrested. If possible, the lawyer will reach the client’s side as soon as possible. They can then understand the charges and advise their client accordingly.
For anyone who faces criminal charges, the suddenness of the situation might be unsettling for them. It is necessary to keep presence of mind and not resist arrest at such an event. Whether one is guilty or not, that is not the time to argue the same. It is best to wait for legal representation and for the lawyer to find the necessary evidence to file one’s defense accordingly.