Should you be arrested and charged with a crime, no matter how seemingly slight the alleged legal violation you have committed, it is important that you invoke your constitutional rights at the outset.
Never forget that if you are charged with a criminal offense, you are presumed innocent until you are convicted by a jury of peers. It is important that you exercise your right to remain silent at the onset. Do not speak to law enforcement personnel as anything you say can and will be used against you. Do not share information with friends or family members, as they may be called upon as witnesses to testify against you. After you have been arrested, you should immediately contact a Las Vegas criminal defense attorney to assist you with the defense of your case. If you cannot afford an attorney, ask the court to appoint one for your defense. Your attorney will review investigative reports and evidence collected by law enforcement agencies and may enter into plea negotiations with the prosecutor's office if deemed needed
Remember that you cannot be arrested unless there is probable cause, the standard by which a law enforcement agency has reasons to make an arrest. The Fourth Amendment requires that probable cause must exist for the issuance of an arrest warrant. Probable cause involves circumstances or evidence that would lead a prudent person to believe a crime has been committed.
If you have been arrested, don’t wait though for the officers to read you your Miranda rights. The only time an officer is obliged to read a person his or her Miranda rights is when that person has been formally arrested and the officer is about to question that person about a crime. Once you’re arrested, say you are going to remain silent and that you would want to see a lawyer.
There are thousands of people who are currently in jail because they inadvertently made incriminating statements to the police. Law enforcement officials are not interested in protecting your rights or justice or the truth. They just want to close their case and put the suspect they arrested in jail. You cannot talk your way out of your predicament by making a statement. Instead, you can destroy your chances of winning at trial.
Once you are arrested for a crime, you, your vehicle or premises will be searched. Evidence found during the search will be confiscated for use at trial. After you are taken into custody, you will make an initial appearance before a judge during which the charges against you will be formally read. At your first appearance, you will be appointed an attorney if you cannot afford one. Your attorney will petition the court for bail or release pending trial depending on the facts of your case.