Being arrested in Maryland can be a shocking and stressful experience. However, the police must explain the reasons for your arrest in certain situations. Understanding these can help you exercise your rights and protect yourself, especially when talking to your criminal defense lawyer:
Situation 1: Arrests with a Warrant
When the police obtain a warrant to arrest you, they must explain the reason for your arrest. Warrants are court orders authorizing law enforcement to arrest people for a specific offense. The warrant must specify the offense, and the officer(s) must have probable cause to believe you committed the crime.
So when the police execute a warrant, they must always provide you with a copy of the warrant and explain the charges against you. They must also read your Miranda rights, which indicate your rights to remain silent and to a lawyer. If you cannot afford an attorney, the police must provide one.
Situation 2: Arrests Without a Warrant
Maryland police can also arrest you without a warrant if they have probable cause you perpetrated criminal activity. Probable cause is a reasonable belief you were involved in a crime. However, when the police arrest you without a warrant, they still must explain the reasons for your arrest.
Like the first situation, Maryland police must read your Miranda rights aside from explaining why you are arrested without a warrant.
Situation 3: Arrests for Domestic Violence
In Maryland, the police must explain the reasons for your arrest if they arrest you for domestic violence, as this is a serious crime involving violence or threats against a family member or household member. The police may arrest you for domestic violence if they believe you committed the offense.
In addition to reading your Miranda rights, the police must provide you with information about protective orders. Protective orders prohibit the abuser from contacting or going near the victim’s home or workplace. Officers must also inform you of your right to request a protective order and provide you with a copy of the petition. Be sure to show these to your criminal defense lawyer.
Situation 4: Arrests for DUI
When the police arrest you for driving under the influence (DUI), they must explain the reasons for your arrest. DUI is a serious offense involving driving impaired by drugs or alcohol. They may arrest you for DUI if they believe you were driving under the influence.
Aside from reading your Miranda rights during the arrest, Maryland police must inform you of the consequences of refusing a breathalyzer test.
If you don’t take the breathalyzer test, your license will be suspended for 270 days.
However, if you take and fail the test, you will be suspended from driving for 180 days.
All of these must be explained, and the officer must provide a copy of the Officer’s Certification and Order of Suspension.
Protect Your Rights with Hennessy Law
Being arrested can be stressful, but understanding your rights can help protect yourself. In Maryland, the police must explain the reasons for your arrest in certain situations, such as when they have a warrant, when they arrest you without a warrant, for domestic violence, and DUI. In any of these situations, always remember your Miranda rights.
At Hennessy Law, LLC, we prioritize safeguarding our clients’ rights. With 50 years of experience, we offer professional and empathetic support in unwavering advocacy for our clients. Our areas of experience include personal injury and criminal defense law, and we represent clients in both State and Federal Courts across Maryland, the District of Columbia, and Virginia. Call (301) 934-6400 to speak with a criminal defense lawyer!