July 20, 2022 | Criminal Law
You’ve probably watched the following scene play out on television a million times: the aggressive cop takes a suspect to the station, and the suspect demands their phone call.
But, what really are your rights when you are detained in Cincinnati? And, do you really get a phone call? This blog post will fill you in.
Your Right to a Phone Call
Your right to a phone call is protected by the Fourteenth Amendment of the United States Constitution, which guarantees the right to due process. Additionally, Ohio law explicitly provides for this right. Ohio law states that a person has the right to communicate with an attorney of their choice.
This law further allows for a “reasonable number of telephone calls” to secure legal representation. Additionally, the person has the right to be visited immediately by an attorney licensed to practice in Ohio and consult privately with the attorney.
A Word of Caution About Phone Calls Behind Bars
Just because you may have the right to one (or more) phone calls, do not think that this right is unlimited. The law allows you a “reasonable” number of calls. Therefore, you might not be able to secure legal representation even after you’ve made a few calls. Additionally, assume that any calls you make while in jail are recorded. Do not say anything that might incriminate you.
If you need a lawyer after an arrest, you can call the emergency phone number of Suhre & Associates, LLC at (513) 613-3131. Your call will be answered 24/7. Simply explain that you were arrested and need a lawyer, and we can meet you privately to discuss your case.
What Happens if the Cops Don’t Allow You To Have Your Phone Call?
Ohio law says that any officer or other agent who prevents, tries to prevent, or advises a person against having the afore-mentioned communication, visit, or consultation can be punished by a fine and up to 30 days’ imprisonment.
Other Rights Upon Arrest
In addition to your right to a phone call, you have other rights upon arrest, commonly referred to as your Miranda rights. These rights include:
- The right to remain silent and not say anything that may incriminate you
- The right to have an attorney with you for questioning
- The right to have an attorney appointed to you if you cannot afford one
If you waive these rights and choose to talk to the police, anything you say or do could potentially be used as evidence against you.
You also have the right to have your criminal defense lawyer present for any identification procedure, such as if you are asked to take part in a lineup. You also have the right to appear for a hearing promptly after your arrest and to be released on a reasonable bond or your own recognizance, if appropriate.
An experienced criminal defense lawyer is familiar with these rules and can take immediate steps to protect your rights. The best thing you can do to help your criminal defense is to contact a lawyer as soon as possible.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202