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Chapter 7-A - Legal Rights and Services

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Information About Your Rights

Many young people come in contact with the criminal justice system. If you are under 18 you will usually be involved with the juvenile justice system, but may be tried in adult court if accused of serious crimes. If you are 18 or older, you will be treated as an adult and be processed through the District Court.

Rights and Duties

  1. Policemen are people. In general they will treat you decently if you are polite and not hostile. Like most people, they will sometimes become angry or rude if they are threatened or laughed at or abused. Use your common sense if you are stopped by a policeman; treat him the way you would like to be treated.
  2. If a policeman asks you what you saw or what you are doing in an area, you do not have to answer him if you do not want to. If you did nothing against the law, it might be better for you to help him. If you don't answer him, he may become suspicious of you. But he cannot make you answer. Whatever you tell a policeman could be held against you.
  3. If it sounds like the policeman thinks you did something against the law, ask him, "Am I under arrest?". If he says "yes," you do not have to say anything or answer his questions. What you say may be used against you. If he says "No, you are not under arrest," you may ask, "May I go?". If he says "NO" to that, or puts you in a police car, you ARE under arrest and do not have to answer any questions.
  4. Try to remember what the policeman looks like. If you can, remember his badge number and name, but do not hassle him. Also remember what he says and what you say. Try to remember who else is there and what they say and do. Later, this could help your lawyer to help you.
  5. DO NOT RUN AWAY! Policeman may use force to stop you from fleeing.
  6. UNDER NO CIRCUMSTANCES assault or hassle a policeman, not even if you think you have been abused. Fighting with a policeman is a serious offense, and you may get hurt.
  7. You may be searched by a policeman if 1) he thinks you are carrying a deadly weapon; 2) he is arresting you; 3) he has a warrant to search you. Do not resist a search even if you question the officer's right to search you. He may use force to search you or he may place serious charges against you. Merely say "I do not give you permission to search me."
  8. A policeman has the right to ask you, as a motorist, to show your driver's license and car registration. You must show them to him if he stops your car. You must get out of the car if he asks you to, at once. Do not give him the idea that you are about to flee, run him down, or assault him. YOU may be very seriously injured or be charged with a serious crime. If he asks you to sign a traffic ticket, do so or you will be arrested. Signing a ticket is NOT an admission of guilt.
  9. Your car may be searched without a warrant when you have been stopped for an offense for which you may be taken into custody, or when the police have probable cause to believe that your car contains something illegal.
  10. An officer must have a search or arrest warrant in order to come into your home, and he should show it to you. If he has no warrant and you do not want him to look around, do not give him permission to come into the house. A policeman may enter a house without a warrant if he is in "hot pursuit." If a police officer forces his way in without a warrant, DO NOT RESIST HIM. Say, "I do not give you permission to search my home." Unless the police present a search warrant, your landlord has no right to let them search your quarters without your permission.
  11. If the police take any articles of property from your home, car, boat, etc., you should ask for a written receipt, if they don't offer one to you. The police are supposed to give you a receipt.
  12. The arresting policeman is supposed to tell you what you're being charged with. Ask for a lawyer. If you lack money, you are entitled to a free lawyer. You are entitled to one phone call; the police are obligated to make change for you. If you have no money they are still obligated to let you make one phone call, and you should insist on this. If you don't know a lawyer, call your parents or a friend and ask for help. If you are under 18, the police must be in touch with your parents or the Department of Juvenile Services.
  13. You have a right to have a lawyer present when you are put in a police lineup.
  14. You cannot be held in jail indefinitely. You must be released or taken before a judge or commissioner promptly. If the charge is serious, you will be told what it is, what the bail is, and whether there is enough evidence to hold you. You can be released without having to pay bail, unless there is a good reason to believe you may not appear in court. If the charge is not serious, you may be tried right away. Don't agree to be tried unless you have a lawyer.
  15. You should have a lawyer if you are tried for a crime. You are entitled to an appointed attorney if you cannot afford to pay for your own lawyer. In that case, the Public Defender's Office will provide you with a lawyer.
  16. You are entitled to a private conference with your lawyer. Talk to him or her and no one else.
  17. Your lawyer should be with you when you are being questioned.
  18. If you believe that a policeman has abused you, or has behaved improperly in some other way, talk to your lawyer or call the American Civil Liberties Union (ACLU) for advice.
  19. Public high school students have been guaranteed some rights in school:

    If you have questions about these, or other rights in high school, call the ACLU.

  20. Private employers can hire or fire people for pretty much any reason they please, except that they cannot discriminate on the basis of race, religion, sex, or physical and mental handicaps. If you think you have been discriminated against, contact the Maryland Human Relations Commission. Private employers may request but not require you to take lie-detector tests. In Anne Arundel County they may not even request you to do so.
  21. Restaurants, stores, shopping centers, etc., may refuse to serve anyone for any reason they choose (including long hair and dress), but they may not discriminate on the basis of race or sex. If you are turned away because of your race or sex contact the Human Relations Commission.
  22. You have a right to talk to your friends, distribute leaflets, demonstrate, or picket on street corners, public sidewalks, or in public parks. Some parks may require you to obtain permits before engaging in such activities. (There is a curfew in some parks and in Baltimore City, however.) You do not have a right to block sidewalks, make excessive noise, interfere with traffic, or intimidate passersby. If you are told to leave a public sidewalk by a policeman, do not argue with him or disobey him; he may arrest you for disorderly conduct or some other charge. Call the ACLU for advice. Shopping centers are considered private property and may, if they wish, prevent you from leafleting or demonstrating on their premises.

Resources:

American Civil Liberties Union - Maryland
3600 Clipper Mill Road
Suite 350
Baltimore, MD 21211
410-889-8555
Provides information and assistance in matters related to civil liberties and legal rights.

Baltimore County Bar Association - Lawyer Referral Service
401 Bosley Avenue, Room 100
Towson, MD 21204
410-337-9100
Lawyer referral for people with legal problems and a limited income.

Legal Aid Bureau, Inc. - Baltimore County
29 W. Susquehanna Avenue, Suite 305
Towson, MD 21204
410-296-6705
Legal services for low income residents of Baltimore County. Fees are based on a sliding scale.

Maryland Bar Association - Pro Bono Resource Center of Maryland
The Maryland Bar Center
520 W. Fayette Street
Baltimore, MD 21201
410-837-9379 or 800-492-1964
Provides free or low cost legal services by matching volunteer attorneys with those in need of legal assistance.

Maryland Commission on Human Relations
20 East Franklin Street
Baltimore, MD 21202
410-659-1700
Enforces the state's anti-discrimination laws which prohibit discrimination based on age, ancestry, color, familial status, marital status, physical disability, national origin, race, religion or sex.

Maryland Department of Juvenile Services - Baltimore County

Maryland Disability Law Center
1800 North Charles Street, Suite 204
Baltimore, MD 21201
410-727-6352
Provides legal assistance (advice and representation) to disabled persons and their families for problems related to the person's disability. Due to limited resources, not all cases can be accepted for representation. Interpreter services available for the hearing impaired.

Maryland Office of the Public Defender - Baltimore County, District 8
Virginia Towers
500 Virginia Avenue
Towson, MD 21286
410-324-8900
Legal defense for anyone charged with a crime who cannot afford to hire a lawyer.

This page is provided by the Baltimore County Public Library, Towson, Maryland USA.
The text version of this page was last revised on 26 August 2008.
The graphics version of this page was last revised on 26 August 2008.
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