Rights When Arrested – Miranda Rights & Constitutional Rights

Rights When Arrested

When someone is arrested in the state of California, they will undergo the Arrest and Booking Process, which has to be completed before been able to post a Bail Bond. The arrest and booking process includes being subject to a search and seizure of arrestee’s personal belongings. An Arrestee will also be fingerprinted, be subjected to a background check, and be subjected to a warrant check. You will also be obligated to appear in court at a specified time and date to answer to the specific charges you are accused of.

However, you do still have some rights when you are arrested. You are entitled to one phone call when you are arrested and jailed, the phone call could be given to you before you are placed into the jail cell or afterwards at the convenience of the jailer. You are also afforded due process under the law and are considered innocent until proven guilty. You have rights afforded to you by the United States Constitution, and specifically, by the following Amendments:

Constitutional Rights

  • Fourth Amendment – Protects individuals from unlawful searches and seizure of property; any evidence collected by law enforcement officials cannot be used in a court of law.
  • Fifth Amendment – Guarantees all residents of the United States that they will receive a fair trial, will not be tried for the same crime twice, and gives the right to individuals to not provide any information that would self-incriminate themselves.
  • Sixth Amendment – Guarantees all individuals to a speedy trial by a jury of their peers, to be made aware of the charges against them, and to be made aware of the evidence against them.
  • Eighth Amendment – Prevents courts from setting excessive bail amounts, issuing extreme fines, and prohibits cruel and unusual punishment for persons who are convicted.
  • Fourteenth Amendment – Guarantees that all states will provide all individuals with equal protection under the law and not deny anyone from life, liberty, or property without due process of the law.


In addition, an arrestee also have Miranda Rights, including the following:

Miranda Rights

  • You have the right to remain silent and refuse to answer any questions that are posed to you.
  • Anything that is said by you can be used in a court of law against you.
  • You have the right to consult an attorney before speaking to the police and have that attorney present at all questionings now and in the future.
  • You will be appointed an attorney if you cannot afford one.
  • You  have the right to stop answering questions after an attorney arrives, even if you were initially answering questions before the attorney arrived.

If you are not told of these rights (known as “Mirandizing” the suspect) before law enforcement officials start questioning you, any and all information obtained beforehand may be inadmissible in a court of law.

Contact us at 877.224.5177 or email Contact Bail Unit Bail Bonds Inc so we can aid in the Bail Bond process and get you released from jail now.


The above opinion was prepared for use on an informational basis. This is not meant to be a substitute for a licensed criminal defense attorney and should not be relied on as such. Any advice presented here is general advice meant to assist in a broad scope. Individual cases will vary depending on the specific facts and circumstances specific to the case. Neither Bail Unit Bail Bonds Inc, nor any of its employees, makes any warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or process disclosed. Because laws and procedures change, please consult with an attorney. Laws and procedures can also be interpreted differently from state to state. Any advice presented in this is not guaranteed.

Bail Unit Bail Bonds Inc. or Associates, its staff nor any of its authors, editors, or consultants shall be liable for any unfavorable outcomes or losses suffered by any reader of this website.

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