Know and understand your legal rights if you are in legal trouble

Law and the courts

Sara Stringer---No one wants legal trouble. And no one wants to anticipate having legal trouble. However, everyone should know and understand their rights, no matter their actions or circumstances. From minor traffic violations to more serious offenses, the following is an in-depth look at what to do and expect in the event of an arrest.

Your Right to Know Your Charges

You have the right to be told why you're being arrested. If a warrant has been issued for your arrest, you have the right to see said warrant and make sure the information is correct.

Your Miranda Rights

By law, an arresting officer must read you your constitutional, or Miranda, rights. These rights must be read prior to questioning, but not prior to arrest. This means that if, for example, you're pulled over for speeding, the officer doesn't have to read you your Miranda Rights before asking why you were driving so fast. On the other hand, if you are brought into police custody, you have the right to be Mirandized prior to interrogation. Miranda Rights, which were added to the Constitution in an effort to prevent self-incrimination, are as follows:

• ~The right to remain silent. This includes answering any questions or giving any information whatsoever. Most lawyers advise that individuals under arrest, regardless of their innocence, remain silent until legal counsel can be sought.


• ~The right to know that anything you say can be used against you in court.


• ~Your right to an attorney. By law, you have the right to consult a lawyer before you talk to the police, as well as the right to have an attorney present during police questioning. This includes having an attorney present during police lineups or other identification processes, as well.


• ~Your right to a court-appointed attorney. If you cannot afford a lawyer, the court must provide you counsel, free of charge.


• ~Your right to stop talking. If you do decide to answer questions without an attorney present, you have the right to stop talking at any time.

Your Right to Refuse Physical or Chemical Testing

If you are taken into custody for public intoxication or DUI, you have the right to refuse blood alcohol testing, field sobriety testing or breathalyzer testing until you've had an opportunity to speak with a lawyer. However, in some states, refusal to cooperate is often interpreted as an admission of guilt.

Your Right to a Telephone Call

In most jurisdictions, you have the right to make a telephone call, or calls, once you are booked. Depending on the state in which you are arrested, you may only have the right to one phone call, which must be used to secure legal counsel. In others, you can make as many calls as you wish.

Your Right to Reasonable Bail

Unless your crimes are particularly heinous, or you are deemed either a flight risk or a danger to society, you have the right to bail. Bail is money paid to ensure your appearance in court. Once you appear as required, the bail amount will be returned to you, often minus court costs. If you do not appear in court, you forfeit your bail and a warrant will be issued for your arrest.

If you cannot afford bail, you may be able to go through a bail bondsman. A bonding company will post your bail and only charge you a percentage fee.

Your Right to a Speedy Trial

The Sixth Amendment guarantees you the right to a speedy trial. While there is no national standard on the time allowed to bring a defendant to trial, it is often in direct proportion to the alleged crime and its statute of limitations.

So there are your legal rights. Here's hoping you never need them.

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Sara Stringer is an independent writer who writes on a number of different topics related to the Journal.

Ex-ballerina has human rights infringed

Gemma Fox - While much of the press in the UK is concentrating on the phone hacking allegations and the demise of the News of the World paper it means that other stories are slipping through the net and one of those stories concerns an ex-ballerina who has been entirely stripped of her dignity by a council seeking to save money.

Elaine McDonald is a 67-year old former prima ballerina of the Scottish Ballet and was once considered the best classical ballerina in the U.K. during the 1980's.  She became a great dramatic dancer.  Elaine danced the leads in many ballets including Cinderella, Mary Queen of Scots, Gisella and Swan Lake. In 1983 Elaine's work within ballet was recognised with an OBE, something that was rare outside of the Royal Ballet.  Thousands of people watched in awe Elaine's performances over the years.

Twelve years ago, in September 1999, Elaine had a stroke which left her with severe mobility issues.  Although still able to walk short distances Ms McDonald still requires the aid of a carer to perform certain task, including using a commode during the night.  Elaine is not considered incontinent.  After her stroke she was left with a neurogenic bladder which means that she usually requires to use the bathroom 2 0r 3 times during the night.  Elaine managed this fine with the aide of her night time carer.  Now Elaine has had her night carer taken away from her by the London Borough of Kensington and Chelsea.

Withdrawing the services of the night time carer will apparently save the council £22,000 per year.  In place of this service the council have instead offered to provide Ms McDonald with continence pads and absorbent sheets for her bed.  What this means is rather than supply a person to help Elaine to and from the commode during the night, they want her to urinate herself throughout the night, despite the fact the she is continent.  In reality, to save money they have stripped her of her dignity.  They have stripped her of her rights as a human being.

Elaine fought her corner in the High Court and eventually ended up in the Supreme Court where her bid to have the decision over turned was ruled against by 4-1.  Her night carer will be withdrawn and she will have to suffer the indignity of urinating and defecating herself.

Charity Age UK intervened in the court case and supported Ms McDonald through.  After the judgement on Wednesday by the Supreme Court Charity Director Michelle Mitchell said, "Today’s decision is shameful.  Older people have a fundamental right to dignity and forcing someone to sleep in their own urine and faeces could not be more undignified.

"This judgement opens the door to warehousing older people in their own homes without regard to their quality of life.

"Care should not be just about keeping people safe.  It must enable them to live dignified and fulfilled lives."

The judgement by the Supreme Court paves the way for other councils to remove carers from vulnerable people at detriment to them and comes at a time when the care sector is still reeling from revelations about massive failings in care of the elderly and care of vulnerable adults.