Ask a Lawyer: What Are Your Rights When Arrested in Indiana?

You have certain legal rights when dealing with law enforcement, even if you’ve been arrested for a suspected crime. ​An experienced criminal defense lawyer can ​help you ​understand and protect these rights as your case moves through the justice system.

Talking to the Police

You do not have to speak to law enforcement if you get arrested. You have the right to ask for an attorney. You also have the right to remain silent about your case. Police can use any information you give them in court. ​

You don’t have to answer questions about where you live, where you’re coming from, or where you’re going. You can also refuse to answer questions about your citizen status, where you were born, and how you entered the U.S. Politely tell the officer that you would like to exercise your right to remain silent. If you don’t clearly state that you’re invoking this right, they can keep asking you questions.

Consenting to a Search

If the officer asks to search your person or your vehicle, you have the right to refuse this search. However, law enforcement can legally pat you down if they suspect you have a weapon.

Making a Phone Call

You have the right to make a phone call after an arrest, including the right to speak to your attorney privately. Law enforcement can listen if you call anyone other than your lawyer. Indiana law also provides the right to reasonable access to the court system so your case will be heard promptly.

Avoiding Discrimination

You have the right to discrimination-free treatment while in police custody. Law enforcement cannot discriminate against you because of your political beliefs, economic status, sex, creed, skin color, nationality, or race.

Hiring an Attorney

You have the right to hire a lawyer when arrested. If you can’t afford legal representation, the state will appoint a criminal defense attorney to handle your case.

Having a Trial

If the state decides to prosecute you after an arrest, you have the right to a public trial. This includes the right to having ​your case heard by a jury of your peers and the right to cross-examine witnesses in your case. In other words, the court must let your attorney ask them questions.

Reporting a Rights Violation

You can file a formal complaint if law enforcement violated your rights during an arrest. Reach out to the internal affairs division of the arresting borough. Your report should include all the relevant details, including the names and badge numbers of the officers. Take photos of any injuries you experience during your arrest.  

Law enforcement has to read your Miranda rights in an arrest, which includes the right to hire an attorney and to remain silent. You should also know how to exercise your other legal rights in criminal justice proceedings. Contact Tanzillo Stassin & Babcock P.C. in Dyer, IN today if you face charges after an arrest in Indiana.

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