Montana: Criminal Defense lawyers

There are certain rights that are protected under the law when an individual is placed under arrest. Though rights may vary across states, some fundamental rights include:

• You have the right to remain silent
• You have the right to an attorney
• You have the right to be informed of charges against you
• You have the right to know the identity of the arresting officers
• You have the right against unlawful search and seizures
• You have the right to be treated humanely

After an individual has been arrested, they are taken to be booked or processed. Generally, a police officer will:

• Record vital information
• Take mug shots
• Confiscate private property and clothing
• Collect fingerprints
• Conduct full body search
• Check for warrants

Following this process, a suspect will be placed in a secure location to await trial or the posting of bail.

Yes. Although arrestees cannot be held without formal charges for an unreasonable amount of time, the Constitution does not specify what this time is. Because these limits are not established in the Constitution, they are typically set by the states. Generally, if you are placed in police custody, your right for a speedy trial typically requires the prosecutor to decide charges within 72 hours.

Yes. When law enforcement has a reasonable belief that a person has committed a crime, they can take that person into custody. Police cannot base an arrest on a hunch or a guess, they must have an objectively reasonable basis for their belief, based on facts and circumstances. Probable cause for arrest exists when facts and circumstances known by the police officer would lead a reasonable person to believe that the suspect has committed, is committing, or is attempting to commit a crime.

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