Your Rights If You Are Arrested in Tennessee
Being arrested can be one of the most stressful and overwhelming experiences of your life. Whether you believe the arrest is justified or not, it is important to stay calm and remember that your rights are protected by both the U.S. Constitution and Tennessee law.
Understanding these rights can help you avoid mistakes that might hurt your case later.
You Have the Right to Remain Silent
You’ve probably heard this before, but it does bear repeating: Anything you say can be used against you in court. One of the most important rights you have is your right to remain silent. Always remember, you do not have to answer questions from police officers beyond providing your name and basic identifying information. Politely state that you are choosing to remain silent until you have an attorney present.
You Have the Right to an Attorney
If you are arrested, you have the right to speak with an attorney before answering any questions. If you are unable to afford an attorney, one will be appointed for you.
Having a lawyer by your side helps to safeguard your rights and can prevent you from saying something that could unintentionally harm your defense.
You Are Protected Against Unreasonable Searches
The Fourth Amendment of the U.S. Constitution protects you from any unlawful searches and seizures. While police can search you and the immediate area around you during an arrest, the Fourth Amendment prevents them from searching your home, car, or belongings without either your consent, a warrant, or certain limited exceptions.
You Have the Right to Know the Charges Against You
Should you be taken into custody, the police are required to clearly state the charges against you so that you understand why you are being held. This ensures transparency and gives you the chance to begin preparing your defense right away.
It is also your right to be brought before a judge without unnecessary delay, where the charges are formally read in court. At this hearing, you will have the opportunity to ask for bail, which, if granted, allows you to remain free while your case moves forward.
Stay Calm and Protect Your Future
The most important thing to do if you are arrested is to stay calm, be respectful, and avoid resisting. Even if you feel the arrest is unfair, arguing with police will not help and could make things worse. Instead, exercise your rights and let your attorney fight for you in court.
Next Steps
If you or a loved one feel you hay have been wrongfully arrested in Tennessee, don’t face the system alone. Contact Worthington Weiss today to schedule a consultation and let us protect your rights from the very beginning.
Call us at (423) 442-5353 or schedule your free consultation by visiting https://www.worthingtonweiss.com/contact-us
We’re here to help you hold the system accountable and get the justice you deserve.
