The action of the state must be “right, just and fair.” If you are investigated, and that investigation leads to an arrest, the most important thing to do is to remain silent and seek an attorney.

A police investigation involves asking you questions to establish your culpability and the elements of an offense. If you remain silent and openly express your desire to call your attorney, what you are doing is essentially putting a stop to the police’s right to ask you further questions. You are stopping their investigatory powers. This is the best thing that you can do to later prove your innocence. 

While it appears counterintuitive, speaking to the police, coming up with reasons or excuses for your actions, or apologizing for your conduct can only weaken your defense later on.

In order to ensure the protection of individual liberties, an arrested person must be given certain rights: 

• Right to know the grounds of arrest
  • It is a constitutional right to be informed of the reason for arrest, with or without a warrant, and without undue delay. The police officer must specify and articulate the reason for the arrest so that the arrestee can understand it completely. 

• Right to be informed of bail
  • If the person is arrested for a bailable offense, the police officer must inform such person that he is entitled to be released on bail.

• Right to be taken before a magistrate without delay
  • With or without a warrant for arrest, the police officer or anyone making the arrest must present the arrested person before a magistrate judge without unnecessary delay. 

• Right of not being detained without judicial scrutiny
  • With or without a warrant, the arrested person cannot be detained without seeing a judge for an arraignment, and being described in the legal process within days of being taken into custody. Exceptions apply however, like when the need for a translator or for a transfer of venue is appropriate.

• Right to consult a legal practitioner
  • Consultation and defense by an attorney must be allowed and the right can be asserted from the moment of their arrest. If the arrestee cannot afford a private lawyer, a public lawyer must be offered to them by the state upon a showing of indigence or inability to pay.

• Right to be examined by a medical practitioner
  • If requested by the arrested person, the police officer must provide such person with a medical examination by a legal medical practitioner. Gender specific medical examinations may be requested.