Your Rights When Arrested In The State Of Connecticut
When Are You Under Arrest? May A Law-Enforcement Officer Detain You Without Arresting You?
What Are Your Rights After You Have Been Arrested?
What Rights Do You Have When Questioned By Police?
What Should You Say
Release After Arrest
Your Appearance in Court
Record of Arrest
Under Connecticut law, a police officer may make an arrest without a warrant under a variety of circumstance, most notably when the arresting officer has reasonable grounds to believe that an offense has been committed or is in the process of being committed. As a consequence, the majority of arrests involving crimes that do not take place in the home are conducted without a warrant ever being issued.
Since most arrests take place without benefit of a warrant, it is important to know when an arrest has actually occurred in order to invoke the may important rights triggered by the act of arrest.
As a general rule, you are arrested whenever a law-enforcement officer takes you into custody or otherwise deprives you or your freedom of movement in any significant way. In fact, you may be under arrest even though no one has actually used the word “arrest” or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest.
May A Law-Enforcement Officer Detain You Without Arresting You?
Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may detain you and require you to identify yourself and explain your whereabouts at a particular time without arresting you. The officer may not, however, remove you from the immediate vicinity without making an arrest unless you voluntarily accompany the officer to some other location.
If the officer has reasonable grounds to believe that you are armed or that you may be dangerous to him or her or others, the officer may conduct a limited pat-down of your outer ferments for the purpose of detecting weapons. If this “frisk” results in the officer’s reasonable belief that you are carrying a weapon, the officer may remove the suspicious object for the purpose of protecting him or herself. The officer must return to you any lawful object unless you are placed under arrest. Unless you are under arrest, the frisk or search is limited to suspected weapons.
The officer may ask you some questions in order to complete the field investigation. You have a constitutional right not to answer them, but it is nonetheless advisable to provide your name and address, as your failure to do so may suggest to the officer that criminal activity is afoot. Moreover, there is an infraction law requiring you to produce your license and registration to an officer when he or she stops a motor vehicle you are operating.
At the conclusion of this temporary detention, the officer must either arrest you or let you go. Ordinarily, such temporary detention should not exceed twenty minutes.
If you should enter a retail establishment where goods are placed on display for sale, the merchant or employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in his or her presence.
What Are Your Rights After You Have Been Arrested?
An arrest triggers a number of constitutional protections which must be afforded by the arresting officer:
- You have a right to know the crime or crimes with which you have been charged.
- You have a right to know the identity of the policeman with whom you are dealing.
- You have the right to communicate by telephone with your attorney, family, friends, or a bondsperson after you have been brought to the police station and booking procedures are completed.
- You have the right to be represented by an attorney at all critical stages of your case, including police questioning.
Remember, constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in a waiver of a constitutional right, make sure you consult with your attorney.
What Rights Do You Have When Questioned By Police?
It is essential to understand that you are under absolutely no compulsion to cooperate with the police in any way should they begin questioning you about a crime for which you have been arrested or any other crime.
- You have an absolute right to remain silent. If you choose to speak, anything you say can be used against you in court. If you decide to answer any questions, you may stop at any time and all questioning must cease.
- You have a right to consult with your attorney before answering any questions.
- You have the right to have your attorney present if you decide to answer any questions.
The simple answer is that you should not say anything to anyone concerning any aspect of the offense with which you have been charged except, of course, to your attorney. You cannot legally be required or forced by a police officer or anyone else to talk, answer questions, or sign any papers. The exception to this upon arrest is that you must cooperate with processing which involves providing information such as name, address, social security number, and date of birth, and you must sign your fingerprint card and bond papers. If by threats, persistent questions, or other means of coercion, you are forced to give incriminating information, its use against you can be prevented in court.
Certain official parties, such as the bail commissioner, may, in the course of their duties, inquire as to certain aspects of your conduct in connection with the allegations being made. Politely refuse to respond until you have had a chance to talk to an attorney.
You may be required to provide certain nontestimonial evidence. In particular, you may be required to participate in a lineup, to prepare a sample of your penmanship, to speak phrases associated with the crime with which you are charges, to don certain apparel, or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel if you are asked to participate in a lineup, after you have been formally charged by the prosecuting attorney.
You may also be required to be fingerprinted and photographed.
Release After ArrestExcept for an arrest of an extremely serious offense, e.g. capital offenses, the Connecticut and United States Constitutions provide that in all criminal prosecutions the accused shall have a right to be released on an amount of bail which is sufficient to assure appearance in court. Bail is generally defined in some type or amount of security that releases the arrested person and insures that person’s future attendance in court.
If you are arrested for a less serious offense, for example a misdemeanor where the penalty may be one year or less in jail, the police officer may give you a written summons and complaint and allow a less restrictive form of release, such as a promise to appear or a non-surety bond, and give you a specific date to appear in court. If you are arrested on a more serious offense, such as a felony, which is punishable by more than a year in jail, or if the police officer feels that you will not appear in court, the officer will take you to the police station. At the station, the police officer may use any of the forms of release procedures outlined below.
Types of release procedures are as follows:
1. Written Promise to Appear in Court
a. with nonfinancial conditions
b. without conditions
This allows arrested persons to be released upon their promise that they will appear in a court on the specific date scheduled.
2. Non-Surety Bond
This is a promise by you to pay a specified amount if you fail to appear at court on your scheduled trial date.
3. Surety Bond
This is a specific monetary amount set to insure your appearance in court on a specific date. This specific amount of money can be posted to insure your release. This amount may be paid by cash posted by you, your relatives, or friends. If your relatives or friends cannot provide enough money to meet the amount of the surety bond, you may contact a professional bondperson(s) to provide surety for that amount. The bondperson(s) charges a fee for posting of the bond. The amount of fee is established by law. The bondperson(s) may also require some type of security for posting of that bond, such as a car, house, or other property. Names of bondpersons are available at the police station, and you have the right to contact one.
These methods of release are available to insure your release at the police station. If, at the police station, the police do not release you on a promise to appear in court or a non-surety bond or you cannot obtain funds or a bondperson(s) to post a surety bond, you then have the right to be interviewed by a bail commissioner. The police are required by statute to notify the bail commissioner of your inability to post the bond set by them. The bail commissioner is a court employee whose job it is to afford arrested persons an opportunity to be released from jail if they are unable to post the bond set by police, provided that the bail commissioner is convinced that the arrested person will appear in court. The bail commissioner can recommend that the police change their decision and release you on a promise to appear, a non-surety bond, or a surety bond in a smaller amount. The bail commissioner’s recommendation is still subject to being overruled by a state’s attorney if challenged by the police. The bail commissioner can also leave the police’s decision the same if he or she thinks it is reasonable. Since the bail commissioner is a state employee, you do not have to pay a fee.
You cannot be denied bail under our constitution. This means that if the police department or the bail commissioner does not release you on a promise to appear or a non-surety bond, then they must set an amount for a surety bond.
If, after the bail commissioner’s interview, you still cannot meet the terms of release, you will be held at the police station and brought before the court on the next available day for a review of bond.
There are procedures established to conduct a review of the circumstances of your arrest as they relate to the bond set by the police or the bail commissioner. You will not appear before the court if it is within this non-court session review.
Once before the court, your attorney can present to the court information that could influence or persuade the court to reduce the amount of the surety bond or allow you to be released upon a promise to appear or to post a non-surety bond. The factors which the police, bail commissioner, and the court consider in your release decision are:
- your ties to the community, including how long you have lived in the area and whether you have a steady job, a family, and similar matters. These will give the police, bail commissioner, or court an indication as to whether you will appear in court;
- whether the safety of any other person will be endangered by your release;
- the nature of the offense with which you are charged;
- your prior criminal record; and
- your prior record of appearances in court.
Additionally, the Connecticut Legislature has adopted a preventative detention law that authorized a judge to revoke your existing bail and deny you bail under certain circumstances.
In certain circumstances, the court may allow you, your relatives, or friends to post ten percent of the bond with the clerk’s office. This amount of money is returnable at the conclusion of the case as long as you appear for each court date. In addition, the court may allow you to post real estate as security for your release. These procedures are only available with the court’s approval, and the posting of a real estate bond usually requires the assistance of an attorney.
No matter how you are released, if you do not appear in court, a warrant for your arrest will be issued and you can be charged with the additional crime of failure to appear. If you do not appear in court and you have posted a bond, you or the bondperson(s) may have to pay the amount of the bond to the state.
Your Appearance in CourtYour first appearance in court is called an arraignment, and at this time you have the right to have an attorney represent you. If you do not have an attorney at that time, the prosecutor or judge will continue your case to allow you to obtain counsel. While at the courthouse, use caution when speaking to anyone about your case because anything you say to anyone except your attorney can be used against you.
For those people who have previously never been convicted (found guilty) of a crime, there are a number of first-time offender programs available. Please be advised that all of these diversionary programs are discretionary with the court after a hearing on the case. You may, therefore, wish to consult with an attorney before applying for a particular program. The following six programs represent some, but not all, of these pretrial diversionary programs:
1. Accelerated Rehabilitation
If you are charged with a crime(s) not of a serious nature and you have never been convicted of a crime in this state or any other state and have not utilized certain other diversionary programs, you may be eligible for the Accelerated Pretrial Rehabilitation Program, which is a pretrial program which can result in a period of probation of up to two years. A nonrefundable fee is required to participate in this program. If you successfully complete this program, your charge(s) will be dismissed.
3. Family Violence Education Program
If you are charged with a domestic violence offense, you should check with the Family Relations Office to determine whether you qualify for the Family Violence Education Program, a program that can last up to two years and has an educational component. This program can keep you from a criminal record if you successfully complete it.
With respect to any of these three programs, it is solely within the discretion of the judge hearing your case as to whether or not you are a suitable candidate for the particular program, and you may wish to have an attorney represent you. All three programs, if granted and thereafter successfully completed, enable the defendant to apply for dismissal of the charges. However, once you have used a particular program, you are forever barred from using it again.
4. Community Service Labor Program / Drug Education Program
If you are charged with possession of marijuana or narcotics and you have never before been convicted of certain drug offenses, then you may be eligible for either the Community Service Labor Program or the Drug Education Program. If granted, you must agree to perform community service with an approved, nonprofit charitable organization and complete a state drug education program. If you successfully complete the program, your possession charge will be dismissed. There is a limitation on the availability of these programs.
5. Youthful Offender Status
If you are a youth between the ages of sixteen and seventeen, you may be eligible for Youthful Offender Status. If you are determined to be a youthful offender, you would not be convicted of a “crime.” You could, however, be committed to prison and/or pay a fine. If you successfully complete a court-imposed sentence as a Youthful Offender, the court may erase the records of your arrest and prosecution when you reach age twenty-one.
If you are found not guilty of a charge for which you are arrested or the charge is dismissed by the court, the law requires that all records of your arrest and prosecution be “erased” twenty days after the dismissal. This does not mean the records are destroyed, but the clerk of the court and the police may not give information about your arrest to anyone. If the prosecutor “nolles” a charge for which you were arrested (that is, if he or she decides not to prosecute the case), all records of your arrest are also “erased,” but not until thirteen months after the nolle is entered.
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