What is an arrest ?

You are arrested when a police officer either takes you into custody or restrains your ability to move either physically or verbally. You may be taken into custody or issued an appearance ticket. Do not think that because you were only issued an appearance ticket that you were not arrested.

Do I have rights if I'm in custody ?

If you are taken into custody you have the right to telephone your lawyer or to telephone your friends or family in order to notify them of your arrest. You have the right to speak with your lawyer at the place where you are being held. You have the right to remain silent. You may remain completely silent or answer some questions and not others.

What are my "rights" ?

Do I have to do anything to get my rights ?

The "rights" that are seen on television are the rights you are entitled to under People v. Miranda. If you are in custody, before police question you they must advise you that (1) you have the right to remain silent; (2) that any statement you make may be used as evidence against you; (3) that you have a right to first speak with a lawyer and you have the right to have that lawyer present when you are being questioned.