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What Are Your Rights If You’re Arrested in Alabama?

Welcome to The Powell Law Firm blog. This is where we share the criminal law expertise we’ve gathered defending hundreds of jury and non-jury trials in Gulf Shores, Orange Beach, and throughout Baldwin County since our Firm being founded in 1907.


When you’re facing a criminal charge, it’s essential that you know your rights and take steps to protect yourself.


In this article, we’ll explore:


what your rights are when you’re arrested in Alabama;

what you should do if you’re arrested;

what the advantages are of hiring a South Alabama criminal defense attorney.


Read on for some helpful insights from our Gulf Shores law office team. You’ll be able to put these into action should you ever find yourself under arrest in Alabama.


Your Miranda Rights


At the time of your arrest, law enforcement officers must inform you of your Miranda Rights.


These include

  1. the right to remain silent;

  2. the right to an attorney;

  3. the warning that anything you say can and will be used against you in a court of law.

You’re guaranteed these Miranda Rights by the Fifth and Sixth Amendments to the US Constitution. The arresting officer has to tell you them out loud to make sure you’re aware of your constitutional protections during the arrest itself and any questioning that follows.


When you’re arrested in Alabama, you also have some state-specific rights.

  1. The right to be told what you’ve been arrested for.

  2. The right to contact a lawyer, bail bondsman, family member, or friend as soon as possible.

We recommend that you call a criminal defense lawyer first, and we’ll have more to say about that later.


Always Choose to Remain Silent


Once you’ve been read your Miranda rights, you can either answer law enforcement’s questions or stay silent. We can’t stress enough the importance of remaining silent.


Not talking doesn’t imply that you’re guilty — it merely safeguards your rights until you have an experienced criminal defense attorney by your side. If you do begin by answering questions, remember that you can decide to stop at any time, ask for a lawyer, and then stay silent until he or she arrives.


What Happens if the Police Don’t Read You Your Rights?

If law enforcement fails to tell you about your Miranda Rights when you’re arrested, any statements you make during questioning may end up being inadmissible in court.


Although police officers do have to inform you of your Miranda rights in most arrest situations, there can be exceptions.


Two conditions both have to be met for the Miranda Rights to apply:


(1) You’re in custody (deprived of your freedom in a significant way).

(2) You’re about to be interrogated (go through questioning that’s reasonably likely to elicit an incriminating response from you).


So, if you’ve been arrested and your Miranda rights weren’t read to you, even though both the above conditions were present, any incriminating statements you made during a custodial interrogation may be excluded from evidence against you.


However, this doesn’t mean that your arrest will automatically be invalidated. Furthermore, any other evidence gathered during the arrest, such as physical evidence or witness testimonies, may still be admissible and used to support your arrest and subsequent charges.


Make that First Call to a Criminal Defense Attorney


The first thing you should do when you’re arrested is contact a skilled criminal defense lawyer who can review the details of your arrest and guide you accordingly.


At the Powell Law Firm, we can assess whether any Miranda violations have occurred and develop a strong defense strategy tailored to your specific circumstances. Remember, each criminal case is unique and potentially life-altering for you as the accused. Your whole future could depend on the specific facts and legal arguments presented.


The Advantages of Local Legal Representation


When it comes to navigating the criminal justice system, having a local defense attorney can be invaluable.


Since moving our law office to Gulf Shores almost 20 years ago, The Powell Law Firm has become deeply rooted in this community. We understand the nuances of the local courts and have established useful relationships with law enforcement officers and officers of the court. This familiarity helps us build strong cases and advocate effectively on behalf of our clients.


So Where Is the Best Gulf Shores Criminal Defense Lawyer Near Me?

You’ll find us at 7107 Gulf Shores Pkwy, Gulf Shores, AL 36542.


Our law office has successfully handled cases involving sex crimes, drug crimes, Alabama DUI charges, domestic violence, manslaughter, and murder. We offer a free consultation to discuss your situation because with so much experience under our belts, we know we can help any client.


Choose a battle-tested team of criminal defense attorneys who will protect your rights, guide you through the process, and fight vigorously on your behalf, whether you’re facing a misdemeanor criminal case at the Gulf Shores municipal court or a federal trial.


Don’t hesitate to call us. Your future deserves the best defense possible.

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