Being taken into police custody can be an unsettling experience. However, understanding your rights can help you navigate the situation. The law grants specific protections to individuals in police custody. It is important to understand what those rights are so that you can protect them.
The right to remain silent
One of the most important rights you have in police custody is the right to remain silent. You do not have to answer questions from law enforcement, and anything you say can be used against you in court. New Mexico law requires officers to inform you of this right when they arrest you. If you choose to remain silent, they cannot force you to speak or make statements.
The right to legal counsel
When police arrest or detain you, you have the right to legal representation. You can request an attorney at any point during questioning or detention. If you cannot afford an attorney, the state will provide one for you. It is best to wait for legal counsel before engaging in any conversation with law enforcement, especially if you face serious charges.
The right to be informed of charges
When law enforcement takes you into custody, they must inform you of the charges against you within a reasonable time. New Mexico law mandates that if they do not formally charge you right away, they must bring you before a judge within 48 hours of your arrest. This prevents you from being held without knowing the reason for your detention.
The right to humane treatment
New Mexico law requires police to treat individuals in custody humanely. This includes providing food, water, and medical care if necessary. Police cannot subject you to physical abuse or excessive force. They also cannot treat you cruelly or degrade you in any way.
Knowing and asserting your rights can significantly impact your experience in police custody. If law enforcement violates your rights, seek legal counsel immediately.