Miranda Rights: Your Rights After Being Arrested
If you’re familiar with law enforcement television shows like “Law and Order,” you’ve probably seen your fair share of “arrests.” In many cases, these characters are arrested and thrown in jail without officially being charged with a crime.
These shows may have you wondering if this scenario is legal. Can you be held in jail without being charged? These are your rights after an arrest.
What Are My Miranda Rights?
A litany of television law enforcement officers have launched into reading suspects their rights immediately after an arrest. You likely know the Miranda Warning by heart, even if you don’t know its official name:
- You have the right to remain silent.
- Anything you say can and will be held against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be provided for you.
- Do you understand the rights that have been read to you?
With these rights in mind, would you like to speak to me?
How Long Can I Be Held in Jail?
After you’ve been read your Miranda Rights, you will be taken into custody. Contrary to what you may have seen on television, local law enforcement can hold you for longer than 24 hours without charging you or setting bail in most cases.
The sixth amendment guarantees your right to a “speedy trial.” However, in most states, a “speedy trial” is defined as being charged and released on bail within 36 hours. Once the 36-hour period has expired, law enforcement must charge or release you on bail.
If you were taken into custody without an arrest warrant in Minnesota, you must be taken to a judge within 36 to 48 hours to be charged or released on bail.
Another common portrayal on television is that you are immediately offered a phone call. Most jailhouses award the call for good behavior but they legally don’t have to offer one at all.
Calculating Your Time
Holding time isn’t calculated the way you might think. Under the rules, holidays and Sundays aren’t included in your hourly total.
If you were arrested on July 4, for example, your initial holding date wouldn’t count toward your holding time because of the holiday. If the holiday is close enough to a Sunday, say a Friday, you could legally be held until Monday or Tuesday.
Your Right to Be Released
The Constitution also protects you from being unlawfully detained, which is why most people can’t be held without charges for longer than 36 hours. If you haven’t been released after your 36-hour period is completed, your lawyer can ask a judge for a writ of habeas corpus to ensure you are either released or charged.
Once a writ has been issued, the jail or arresting officer is required to release you and bring you to the judge who issued the writ. At this stage, you will be released without being charged or a prosecutor will file charges and a judge will set the bail.
Bail Bonds in Minnesota
If you or a loved one need a bail bond in Minnesota, you’ll want to trust a reliable company. For over 100 years, Goldberg Bail Bonds has provided competitively priced bail bonds to clients in need. Through our large network of licensed agents, we can quickly and efficiently arrange bail in any jail. We are available 24 hours a day – even holidays and weekends.
We have several locations throughout Minnesota, including:
Request additional information about our services online or by calling 612-333-8111 today!