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Can The Police Tell You If Someone Is In Custody

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Being Held In Police Custody

Bodycam footage of Lionel Morris in-custody death released

After your arrest, the police may:

  • release you without charge
  • charge you and issue you with a notice to appear in the Magistrates Court
  • charge you and release you on bail
  • hold you at the watch-house until you go to court .

This page outlines what happens when you are held in custody at the watch-house, whether or not you are charged.

Will A Judge Dismiss My Case If I Was Questioned Without A Miranda Warning

Not necessarily. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate an in-custody suspect and want to use any of her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.

The “fruit of the poisonous tree” rule requires that courts suppress evidence that comes from other, illegally obtained evidence. But it doesn’t apply to Miranda in the way that it does to the Fourth Amendment. Physical evidence that police learn about because of a statement following a missing Miranda warning will often be admissible in court.

How Long Can I Be Held In Custody By Law Enforcement

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

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If You Are Arrested The Best Thing That You Can Do For Yourself Is To Keep Quiet Until You Are Represented By A Lawyer

By Ave Mince-Didier

The single most important thing to remember if you are arrested is that you have the right to remain silent and the right to an attorney, but these rights protect you only if you use them! If you are arrested, the best thing that you can do for yourself is to keep quiet until you are represented by a lawyer.

What Personal Information Will Be Taken

Changes made to police custody rules

Information will be taken from everyone arrested and taken into police custody.

The police do not need permission to take photos of you, or to take fingerprints and DNA samples or to swab the skin surface of your hands and arms.

However, police do need your permission to take a blood or urine sample, unless it is taken in relation to a drink or drug driving arrest. They also need your permission to take dental impressions.

All of this information will be stored in the police database. You can find out what is stored on you by getting a copy of your police records from your local police station.

If you want police to remove your information from the database, you have to write to them.

However, they will only do this if an offence no longer exists or anything about how you were arrested or detained was unlawful.

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Q: What Should I Do If Law Enforcement Officers Arrest Me

A: The officer must advise you of your constitutional rights to remain silent, to an attorney, and to have an attorney appoint- ed if you cannot afford one. You should exercise all these rights, even if the officers dont tell you about them. Do not tell the police anything except your name. Anything else you say can and will be used against you. Ask to see a lawyer immediately. Within a reason- able amount of time after your arrest or booking you have the right to a phone call. Law enforcement officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people. You must be taken before a judge as soon as possiblegenerally within 48 hours of your arrest at the latest.

Q: What If I Speak To Law Enforcement Officers Anyway

A: Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.

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Dna Testing While In Custody

If you’ve been detained or arrested, the police have the power to carry out a DNA test.

If you’re convicted, your DNA details will be held permanently on the National DNA Database.

If you are subsequently acquitted or if criminal proceedings are dropped, your DNA details will usually be destroyed. However, it may be kept in some circumstances:

  • if you’ve accepted an alternative to prosecution in court, like a fine or work order, it can be kept for 2 years. The police can apply to keep the DNA information for further periods of up to 2 years, on a rolling basis, although if you’re convicted of an antisocial behaviour offence and pay a fixed penalty or fine, your DNA can only be kept for a maximum of 2 years
  • if you’ve accepted an alternative to prosecution in court, like a fine or work order for some violent and sexual offences, it can be kept for 3 years
  • if destroying your DNA records could result in prints and samples from another person being lost, so they couldn’t be prosecuted
  • if the chief constable decides the samples should be kept for national security purposes, it can be kept initially for 2 years.

There are separate rules for keeping your DNA if you’re under 16 and are referred to a children’s hearing.

Q: If I Am Selected For A Longer Interview When I Am Coming Into The United States What Can I Do

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A: If you are a U.S. citizen, you have the right to have an attor- ney present for any questioning. If you are a non-citizen, you generally do not have the right to an attorney when you have arrived at an airport or another port of entry and an immigra- tion officer is inspecting you to decide whether or not you will be admitted. However, you do have the right to an attorney if the questions relate to anything other than your immigration status. You can ask an officer if he or she will allow you to answer extended questioning at a later time, but the request may or may not be granted. If you are not a U.S. citizen and an officer says you can- not come into the U.S., but you fear that you will be persecuted or tortured if sent back to the country you came from, tell the officer about your fear and say that you want asylum.

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How Long Can An Arrest Last

There is no exact limit on the amount of time an adult can be held in police custody before being charged. A judge will look at many different factors to see if someone has been held too long, including:

  • How long you have been held
  • If and how many times your Miranda rights have been read to you
  • The specifics about how you were held

Start Looking For Other Opportunities

As much as you might like to stand your ground.

In some cases the best thing for your health is to move on to a less hostile environment.

  • Particularly if the person youre having problems with is also your direct supervisor, you may have difficulty advancing in your company if he or she has it out for you.
  • Looking for other opportunities doesnt necessarily mean you have to leave your company. If you like where you work except for the one person you may be able to make a lateral move to a different department, or switch to a different shift or a different working group thats supervised by someone else.
  • If you apply at another company and are asked for references, you might want to use someone other than the problematic person, if at all possible. If theres no way around listing his or her name, keep in mind employers are legally limited in terms of what they can say about an employee.
  • Even though someone is engaging in intimidating behavior, state laws typically prohibit him or her from knowingly giving false information about your job performance or work history to a potential employer.
  • Remind yourself that moving to another job or company doesnt mean the bully wins. Rather, it means you care more about yourself and your health and well-being to allow yourself to remain in that situation.

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Q: What Should I Do If There Is An Immigration Raid Where I Work

A: If your workplace is raided, it may not be clear to you whether you are free to leave. Either way, you have the right to remain silentyou do not have to answer questions about your citizenship, immigration status or anything else. If you do answer questions and you say that you are not a U.S. citizen, you will be expected to produce immigration documents showing your immigration status. If you try to run away, the immigration officers will assume that you are in the U.S. illegally and you will likely be arrested. The safer course is to continue with your work or calmly ask if you may leave, and to not answer any questions you do not want to answer.

What Are My Rights While Under Arrest

What happens if you get arrested? What are your rights ...

Whenever you are arrested or taken into custody, you must be warned about certain things. Otherwise, the information you give to police might not be able to be used against you. These are called Miranda warnings.

You should be given these warnings when you are taken into police custody, but before you are questioned.

Also, if you are in custody, you should be treated humanely and provided with proper food, shelter, and medical treatment if necessary.

The four Miranda warnings are below.

1. You have the right to remain silent.

Everyone under arrest has the right to remain silent if they are questioned about a crime. This means that you do not have to talk with anyone, including detectives and State’s Attorneys.

2. Anything you say can and will be used against you in a court of law.

Any statements you make can be used as evidence if you are charged with a crime. You do not have to make a formal statement, answer any questions about the incident, or take a lie detector test.

3. You have the right to a lawyer.

You also have the right to have a lawyer meet with you while under arrest. You can make a reasonable number of telephone calls to get in contact with an attorney of your choice and a family member.

But remember, if you cannot afford to hire a lawyer yourself, you will not be appointed a public defender until your first court date.

4. If you cannot afford a lawyer, one will be appointed for you.

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Cooperate With Mediation And Any Investigation

If the EEOC accepts your charge, it will send a copy to your employer within 10 days and either request a response or propose mediation

  • If you are unable to resolve the problem in mediation, the EEOC may decide to investigate the charge.
  • Expect to take the investigation as long as six months.
  • If the EEOC finds no violation of federal law.
  • You will receive a notice of your right to file a lawsuit regarding the behavior.
  • If the EEOC finds a violation, it may initiate a lawsuit on your behalf.

Q: Can I Talk To A Lawyer Before Answering Questions

A: Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyers job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer.

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Avoid Taking The Behavior Personally

Although it can be difficult, your strongest defense against intimidation is to recognize.

That the persons behaviour has nothing to do with any deficiency in you or your work.

  • This is especially true if the person is threatening your job or insulting you in front of co-workers. When dealing with someone like that, its easy to believe that your work is sub-par and that you need to do more.
  • However, sometimes your work is just as good, if not better, than that of your co-workers. The anxiety can lead to exhaustion when increased effort doesnt alter the bullys behavior.
  • Observe the persons actions when theyre not talking to you to see if they treat anyone else that way. Conversely, it may be that your bully is being bullied by someone else higher up the chain, and he or she is just passing it down. This doesnt excuse the behavior, but it can help you understand it and not take it as personally.
  • Keep in mind that you are not the problem. Bullying is about fear and control, and isnt about your work performance. Even if your work isnt as good as that of your co-workers, you dont deserve to be bullied or intimidated by your supervisor.

Locating Someone In Custody

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If your friend or loved one has just been arrested or detained by the police, they may be held in police lock up. Please contact police in the community in which they were arrested or detained.

Following their first court appearance, they may be held in a provincial correctional centre. If the person you are looking for is in provincial custody the Ministry of Public Safety and Solicitor General can pass on a message to your loved one or friend, who can then contact you. However, they cannot tell you where your loved one or friend is located because privacy laws require that information be kept confidential.

To leave a message you may call 1 888 952-7968 during regular business hours. Be sure to have the full name and birth date of the person you are looking for.

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Contacting A Bond Agent

  • 1Search for nearby bond agents. Bond agents typically have offices near local jails or criminal courts, and they often have a lot of information about people who’ve been arrested or charges that have been filed.XResearch sourceXResearch source
  • Much of a bond agent’s business comes from being easily accessible and easy to find, so it should be easy to locate a number of bond agents nearby.
  • Bond agent offices frequently are open late hours and weekends, so it may be easier to track down a bond agent than it is to call the jail.
  • 2Ask the bond agent for information. Particularly if the person has already been booked, a bond agent with an office near the jail may have information on whether the person has been arrested or is being held at the local jail.XResearch sourceXResearch source
  • Even if you end up not using the bond agent to bail the person out, they typically are willing to provide you any information they may have.
  • A bond agent also may be able to help you if you aren’t sure about the person’s legal name. If they were present when the person was booked, they may be able to recognize the person from a physical description.
  • How much information a bond agent will have often depends on how busy the jail was on that particular night. If the bond agent is located in a small town or relatively rural area, you probably can get more information than if you live in a densely populated urban area.
  • Make Records Of The Behaviour

    Keeping a running log of all encounters in which the intimidation occurs.

    As well as copies of any emails or other instances of written intimidation, can provide proof of the problem to others.

    • Keep in mind that to show harassment or similar workplace issues rise to the level of breaking state or federal law, you must be able to prove a pattern of unwelcome conduct that put your employment security at risk.
    • In many states, you also must show some level of discrimination the abusive behavior is related to your sex, religion, race, or other protected characteristic.
    • Workplace bullying typically involves repeated attacks that result in an on-going pattern of behavior. Its important to document every instance to show that whats going on is a pattern and not a few isolated events.
    • Some examples of behavior worthy of recording includes being blamed for something without any factual justification, unwarranted criticism of you or your work product, being shouted at or humiliated , or being given unrealistic or impossible deadlines and then criticized for not meeting them.

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