If you are not in custody, then you are always within your rights to walk away from the police officers. First, ask them if you are “in custody”: if they say you are, by law they must inform you of what you’re being arrested for and also must read you your Miranda Rights. Being in custody doesn’t necessarily mean you’re going to be handcuffed. Rather, to be placed in custody means you’re under control of the officer. For instance, if you feel that you can’t walk away from an officer, then you are technically in custody. You also have rights against unreasonable search and seizure. A police officer can’t simply search your person, your car, your home, or seize your belongings without meeting the appropriate legal standards.

What are my rights when I’m being questioned by an officer & I AM under arrest?

A police officer can try and question or interrogate someone who has been arrested. Typically, as a defendant you have the same rights regarding answering questions as you do when you are not under arrest,as mentioned above. If you’re in custody the officer must read you your Miranda Rights before questioning you. During this time you’re also entitled to have an attorney present. Most importantly, if you are under arrest and being questioned, you still have the right to remain silent, which you ought to exercise.

I was arrested and released from Jail, now what?

If you have been arrested and released from police custody you are typically handed a slip or citation (cite out) to appear at court on a certain date and time. If you were not given any information on your court date contact the agency that arrested you and find out if they filed a report or if they have any additional information. If the police did not give you a citation and you have no court date this does not mean you’re in the clear. The police can always continue to investigate the matter. The best thing to do is, call an attorney and have him handle this sensitive situation.