Rights of the Accused
Rights every person in custody keeps, and what officers must do to respect them.
Every person in custody keeps these rights.
Right to remain silent
A person does not have to answer questions. Officers must tell the person this before questioning them in custody.
Right to an attorney
A person may speak with an attorney before answering questions. If they cannot pay, one will be provided.
Right to know the charges
A person must be told the reason for their arrest and the charges against them.
Right to medical care
A person in custody who is hurt or ill must be given medical attention.
Right to fair treatment
Officers may not use more force than needed. A person may not be kept in custody longer than the law allows without a charge.
What officers must do
- State the reason for the arrest.
- Read the rights before custodial questioning.
- Record the arrest with the correct charge codes.
- Offer medical care where needed.