Know Your Rights
“You have the right to remain silent” is no joke, and “Anything you say Can and Will be Help Against You.” and You do NOT have to answer any questions after arrest, except for providing identification (name, address). You can—and should—say: “I want to speak with my lawyer” at any time, providing your ID has fulfilled everything you need to do for an officer.
You Have the Right to Remain Silent
- You’re not required to answer any questions police ask after you’ve been detained or arrested.
- Corollary: Don’t say anything except to clearly request a lawyer — e.g., “I invoke my right to an attorney.”
- This prevents you from unwittingly making statements that could be used against you in court
You Have the Right to Legal Counsel
- You can ask for an attorney immediately, and the police must stop questioning once you do.
- Don’t speak further, even if you think you’re innocent or want to explain yourself.
You Must Be Informed of the Charges
- Police must tell you why you’re being arrested.
- You’ll then await an arraignment (within ~48 hours in Montana).
Your Rights Against Unreasonable Searches
You are not allowed to Physically stop police from an unreasonable search and seizure, but giving them permission means you are forfeiting that right. You may not be able to interfere, but you can always say no and refuse consent.
- Police must have a warrant or probable cause to search your home or personal effects—exceptions apply.
- For traffic stops, they need reasonable suspicion to justify a stop, and probable cause to search your vehicle .
- Always politely refuse consent if asked: “I do not consent to a search.”
You Are Entitled to Humane Treatment
- This includes access to medical care, basic comfort, and information about why you’re being detained.
- Your treatment impacts your ability to mount a fair defense later.
Miranda Rights and When They Apply
When a cop reads you your rights, is a great indicator that you no longer need to be talking to them. They must read these rights when placed in custody, arrested, and whil asking questions for investigation purposes. When a cop is reading you your rights, start exercising them.
- Cops must read you your rights (Miranda) if you’re in custody and the police intend to interrogate you.
- If they don’t, statements you make may be inadmissible in court.
Charged With a Crime in Montana? We’re Here to Help.
If you’ve been charged with a crime—whether a misdemeanor, felony, or federal offense—your future is on the line. At Maldonado Law, PLLC, we bring over a decade of criminal defense experience to every case. We fight hard to protect your rights, minimize penalties, and secure the best outcome possible.
If you’ve been charged with a crime in Montana, you have the constitutional right to legal representation—and you need a defense attorney who will fight for your rights at every stage of the legal process.
