While you are under arrest, the police have the right to take your photograph, your fingerprints, and to search you. They may also ask questions as long as they do not make promises or threats or use force in an effort to get an answer. You do not have to respond to their questions.
If You Are Arrested If you are arrested, you have the following rights:
• You have the right to be informed of your rights. If the police wish to question you, they must inform you of your right to remain silent, that any statement you make may be used as evidence against you, and of your right to a lawyer.
• You have the right to remain silent. This means you can remain completely silent or answer some questions and not others. It is up to you. You cannot at any time be made to answer any questions or sign any statement. You should report any force or threats to the court, the prosecuting attorney’s office, or to your lawyer.
• You have the right to telephone an attorney and to telephone your friends or family to notify them of your arrest. If you can’t afford a lawyer, you are entitled to a court-appointed lawyer at no charge to you.
• You have the right to consult with your lawyer wherever you are being held.
• You have the right to be released on bail before trial in almost all cases. Your release may be conditioned on the deposit of money or the posting of property as security, your signature on an unsecured bail bond, and/or your compliance with certain conditions such as remaining in the state, reporting to a probation officer, or refraining from seeing or associating with certain individuals.
After being arrested, you have the right to be taken before a court official (judge or magistrate) without any unnecessary delay, to be informed of the charge against you, and you have the right to a free lawyer if you can’t afford one. If you decide to plead guilty the prosecuting attorney may agree to intervene with the court on your behalf. Don’t rely on the promise of a policeman to help you in exchange for a confession.You may, however, rely on a promise of the prosecuting attorney to drop certain charges or to recommend a particular sentence to the court in exchange for a guilty plea. This is known as “plea bargaining” and it is entirely legal in Vermont.
Before the court will accept your plea of guilty you should be informed of the consequences of your plea (possible punishment) and of the fact that
On Your Own, 2008 Edition 77
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