What To Do When You Are Arrested

........................................................................................................

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something.
Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.

What Rights Do I Have?

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested.
Before the law enforcement officer questions you, he or she should tell you that:
# You have the right to remain silent.
# Anything you say may be used against you.
# You have a right to have a lawyer present while you are questioned.
# If you cannot afford a lawyer, one will be appointed for you.
These are your rights, guaranteed by the Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Once I Am Told My Rights, Can I Be Questioned?
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license will be suspended and the refusal will be used against you in court. Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area.

When Should I See A Lawyer?
If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.

Who Can Arrest Me?
All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you.

They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.

If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.

Can Someone Other Than A Police Officer Arrest Me?
Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed. (A misdemeanor is a criminal offense, usually punishable with a fine or short jail term.) They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody.

When Is An Arrest Warrant Used?
Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property.

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description.

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.

Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window.

If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as practical.

The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.

Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury.

When Can I Be Released?
If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest.

What Is Bail And How Is It Set?
The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each state. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense.

Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner.

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release.

Instead of paying bail, you might be released on your own recognizance or "O.R." (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail.

Who Maintains Arrest Records And What Do They Include?
Local police departments and the State Department of Justice keep arrest records. According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background.

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions.

If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record.

What Happens At An Arraignment?
You have a right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a municipal or a justice court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set.

If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges. Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony.

Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.

What Happens At A Preliminary Hearing?
During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney's office must present evidence showing a reasonable suspicion that a felony was committed and that you did it to convince the judge that you should be brought to trial.

You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held.

If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings.

When Can An Officer Conduct A Search?
An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.

When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, that is in plain sight.

Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason - such as a broken tail light - they can take any illegal goods in plain sight.

If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.

4 Important documents that should be kept in your car

Traffic cop in India can demand documents pertaining to your car, at any time, even if you have not violated traffic law. Hence, it is very essential to maintain certain documents in your car, at all time. There are many documents that you are required to keep in your car. The Article provide a list of the most 4 important documents that should be kept in your car and consequences if the documents are not kept in your car.

Are you driving a car in India? Apart from mad traffic, you need to be also alert from traffic cops. Traffic cop in India can demand documents pertaining to your car, at any time, even if you have not violated traffic law. Hence, it is very essential to maintain certain documents in your car, at all time. There are many documents that you are required to keep in your car. However, your car should not look like a book shelf, hence, have listed the most 4 important documents that should be kept in your car and consequences if documents are not kept in your car.

Driving License:

Driving license is a proof that you know driving. Hence, it is very important to have a valid driving license in your car. Driving a car without a license is illegal in India. Driving a car without driving license is an offence under Indian law and punishable with a maximum penalty of Indian Rupees 500/- or an imprisonment for 3 months. The law also provides for punishment with both penalty and imprisonment

Registration Certificate Book:

Registration Certificate Book is popularly known as RC book. When a new car is purchased, the car is required to be registered with the Regional Transport Office. RC book is issued to the car owner as a proof of registration of the car. RC Book is a proof that you have registered your new car and you are the owner of your car. Hence, it is very important to have a RC book in your car. Driving a car without a RC book is illegal in India. Driving a car without RC book is an offence under Indian law and punishable with a maximum penalty of Indian Rupees 2000/-.

Insurance policy:


Driving a car without a valid insurance is punishable offence under Indian law. Hence you must obtain insurance for your car. Insurance policy of your car must be kept in the car. Driving a car without a valid insurance is punishable with a maximum of Indian Rupees 1000/- or an imprisonment for 3 months. The law also provides for punishment with both penalty and imprisonment.
Pollution under control


Pollution under control is popularly known as PUC. It is important that you must obtain PUC for your car. PUC of your car must be kept in the car. Interestingly, driving a car without a valid PUC is not a punishable offence.

So be careful, the next time you start your car, please ensure that the above documents are kept in your car. Happy driving!

Stop Corruption:

Please do not pay fine to traffic police immediately, if you have document you can show it within 15 days. This is the information received by a person as a reply to his RTI. Please share it and help us to stop corruption. 

Things to know about consumer:

We have just putting down some basics for understanding of consumer courts:

1) Who is a consumer? A person who consumes is called consumer and the product/ service he avails must be for some consideration. Free services and products/ services availed for a commercial purpose doesn’t come under Consumer protection act.

2) Where to approach? If the value of claim is under 20 lacs, you can approach District Consumer Forum, for claim between 20 lac to 1 crore, you can approach State Commission and for claims more than Rs 1 crore, you can approach National Commission.

3) What relief can consumer forum/ commission give? The consumer forum can provide you required relief along with compensation and damages and legal fee.

4) What if I have an agreement with builder for penalty clause? Even if you have an agreement with builder for penalty clause, the consumer forum can still grant you relief for damages and compensation which is not driven by the agreement executed between the parties.

5) What if the agreement contains an arbitration clause? Even if the agreement contains an arbitration clause, there is no bar for consumer forum to proceed with the cases and the relief can be granted independently.

6) What if the agreement contains a territorial jurisdiction clause? The consumer protection act defines the forum/ commission jurisdiction and the consumer forum/ commission jurisdiction is not driven solely by the jurisdiction clause in the agreement.

7) What is the limitation period for filing complaint? The consumer protection act defines the limitation period as 2 years from the cause of action. For example, if you have bought a Television, which got some problem in May 2010, then you can approach the consumer forum by May 2012.

8) Is the limitation also approlicable where builder didn't handover possession of the plot/ flat? This is a bit tricky. Suppose you bought a flat, the possession of which was required to be handed over in December 2009 but the builder didn't handover the same to you. Now if we simply construe the provisions of the act, the complaint must have been filed by December 2011 but it is not the case. As the builder has neither given you possession nor refunded the money, the cause of action is continuous and the said limitation clause is not applicable.

9) What if I get the order in favor but the opposite party doesn't comply with it? You can file execution applications under Section 25 and 27 of consumer protection act before the concerned forum and the opposite party may be imprisoned under Section 27 and under Section 25, the amount may be recovered by sending the recovery certificate to Deputy Commissioner/ District Magistrate.

Apka Fayda Lets Evolve Together : Thingsto remember before signing the MOU with a B...

Apka Fayda Lets Evolve Together :
Thingsto remember before signing the MOU with a B...: Things to remember before signing the MOU with a Builder: After all the running around you have finally made up your mind and chosen ...

Things to remember before signing the MOU with a Builder:

After all the running around you have finally made up your mind and chosen your dream home. Do you think it is the end of your worries and it’s just a matter of time and you’ll soon sign the ‘sales agreement’ to become a proud home owner?

In reality post-selection procedure is more crucial than the selection procedure. Are you are wondering why and how? This is the stage where one actually has to pay for a home from his life’s savings.

Rather than reading and analyzing the impact of each and every clause in the agreement or consulting a property lawyer, most of the times buyers simply sign it. They usually think it’s too long or they simply ignore it as the language is too technical or at times they are overwhelmed about owning a house and hence, fall in the trap. Developers take advantage of the buyers’ ignorance and draft agreements which are highly biased towards the developers.

It’s not that you need to be careful only when dealing with grade B or C developers. As a matter of fact most of the well known develops in India, including the likes of DLF and BPTP have also been questioned and penalized by CCI in the recent times for taking buyers for a ride.

Here is a list of checkpoints that a buyer must keep a check on before signing the sales agreement with the developer:

1. Firstly a sales agreement is a legal document that lists the terms and conditions of the transaction. These are agreed upon by the parties involved and bind the parties to fulfill their part of the commitment.

2. Most of the contracts have a clause stating that the given plans are tentative and therefore, there can be alterations in the final product. Also, the final price of the house is adjusted accordingly. There should always be a mention of the permissible extent of such changes.

3. Usually the builders sell on super built up area which includes the actual area of the house along with an unaccountable addition for common spaces. One should be careful and should make the developer include the details of carpet area and super area in the agreement.

This also gives the buyer an account of the extra charges demanded with respect to alterations in the plans at a later stage.

4. Details of all the charges starting from the basic cost of the house to all the extra charges the buyer has to bear should be clearly mentioned. All the levied charges like utility charges, maintenance fees, club house membership charges, parking charges should be included in the agreement.

There have been cases especially in Mumbai where developers have sold the parking to external parties even when as per the contract they belong to a resident of the society.

5. Details of the payment plan for disbursement of future payments must be included.

6. The person responsible for paying the government taxes like Municipal Tax, Sales Tax should be included.

7. Delay in delivery of the project is not uncommon today. A developer knows beforehand that in most of the cases he would not be able to stick to the execution plan. They promise a petty amount as a delay fees say Rs 10 psft per month. But on the other hand almost all the possible delay clauses are covered in the agreement leaving the buyer with heavy EMIs but no house to live in.

Rather than accepting figures like 2 years from starting of the project one should insist on the exact date to be stated in the agreement.

8. Unlike the tiny delay fees, the penalty charged for delay in payment from the buyer is hefty say Rs 50 psft or even Rs 250 psft or Rs 500 psft. A developer can charge anything for a tiny mistake or delay on buyers end.

9. There are times when the government alters the building norms. To density the developed city areas they increase the FAR (Floor Area Ratio). It should be clearly stated who owns and gets the benefit out it.

10. Another critical and must do point is registering the sales agreement to avoid litigation at a later stage. Being a legal document it helps in case of a fraud and creates a public record of your property.

In case of any discrepancy a buyer should always go to the consumer court as they favor buyers. Also, buyers facing similar problems should collectively work on the issue to build up pressure on the developer and other concerned parties. Consumer forums and other social networking mediums are also strong in today’s time.

In the end, with absence of any regulation defining real estate practices in India, it is a buyers’ duty to check the agreement before signing it. It is advisable to consult a lawyer and demand alterations in the agreement if required before formally signing it. It’s always best to do a check on builders’ track record.

Issues This Week

High Rises to Turn Over Green Leaf, Get Energy –Efficient:-

By law Simplified use of energy efficient glass, that cut down use of lights, ACs to get Mandatory:

New Delhi: High Rises in the capital are all set to become greener. It may soon become mandatory for high rises in Delhi to use “Energy –Efficient glass” on their exterior that allow ample sunlight in but keep the heat out, cutting down on use of lights and air-conditioning.

The Delhi Urban Act   Commission (DUAC) has sent a proposal, among others, to the Urban Development ministry for approval. “This is a part of the proposal on simplified building by Law for Delhi”, said a senior official.

DUAC chairman Raj Rewal said the plan for any building will have to ensure use of energy-efficient glass, apart from other measures, DUAC had also recommended extra floor area for ration for green building as an incentive.

The NCR is also going green. In fact, Gurgaon is way ahead of the capital with 15 such buildings. Five of them have highest “Platinum certification of the US” Green buildings Council’s Leadership in Energy and environment Design (LEED).

One of these, the headquarters of the Institute of Rural Research and Development (IRRAD) is built as green as possible. The building has 7,000 Litre strong tanks to save rainwater and solar panels that produce 35kw of electricity per annul, enough to take care of the building’s need.

But some external feel that just using energy-efficient glass won’t make a building ‘Green’ ”Eight percent facade of most buildings is enveloped by the glass, which lets in a lot of heat. We need design interventions, “ said Anumita Roy Chowdhury, Executive Director, Center for science and Environment.  

Green FAQs

What is green Building?

A green building is one which uses less water, optimises energy efficiency, let’s in enough sunlight conserves natural resources, generates less waste and provides healthier spaces for its occupants as compare to a conventional building.

What are its benefits?

An energy efficient building can lead to 30-50 per cent energy saving and 20-30 per cent water savings. Not only will you save to lot of money in power and water bills, you’ll also get a healthier environment to live in. And of course, it’s good for environment!

Are Green buildings more costly to construct?

The incremental cost depends on the building’s design. Thought it might cost more than a conventional building, it will be made up by the fact that you will save more annually in energy and water costs.

Does it make more time to construct a green building?

It doesn't take more times, especially if design parameters are frozen at one go then only a little more additional effort is required. The rating of the building also has no impact on the project time schedule

Could only Large-sized building be green buildings?

For a building to be rated a green building many parameters have to be followed. All of these may not be replicable in your house. But you can adopt a lot of energy-savings and environment-friendly measures in your house and lifestyle.

After Purchase, Keep cash receipt safe:

Consumer Focus:

Several studies in the past have shown that Indian consumer do not insist on the cash receipt when they make purchases. Has this consumer attitude changed in recent times?

Not really. A recent survey on the ‘buying behavior of consumers” conducted by the Indian Institute of Public administration has shown what only 26 percent of the consumer demand of the cash receipt when they make a purchase. But even this percentage varies, depending on the awareness and assertiveness of the consumer.

While 47 percent of the consumer in Karnataka demand a cash receipt when they buy goods, this percentage is as low as 9 percent in Tripura and between 11-12 percent in Uttar Pardesh and Odisha. The survey which was part of a larger study n the impact of the Consumer Protection Act, covered ten districts of five states – Gujrat, Karnataka. Odisha, Tripura and Uttar Pardesh.

The Study unfortunately did not look at a related facet – do those consumers who collect the cash receipt keep them safe? A probe into this aspect of consumer behavior, I am sure, would throw up another important issue –the need to keep the receipt safe. I often come across consumers who start searching for that have problem and then find out the have lost the receipt. Forget going to the consumer court, even the retailer will behave differently when he knows that you have no receipt and therefore no proof of purchase.

So, do collect the receipt and always keep it safe- the Duration depending on the life of the product. Of course, for the receipt to be of value, it should be mention the name and address of the seller, the date of the sale and clearly describe the product being sold and its price. It is equally important to collect and preserves receipt of after sales services because in case of a dispute, they provide crucial evidence – proof of defect in the product or the fact that despite repeated repairs, the problem could not be rectified. So do maintain a file and keep the receipts safe.

Meanwhile, consumers would do well to demand that state government take the responsibility of ensuring that all traders. Irrespective of the volume of sale, issue cash memos to consumers.

Most client say: it is difficult to take a receipt or cash memo for items such as milk, cool drink, etc so in such situation when retailers charge more than the maximum retail price, how does one raise a complaint?

Without a receipt – proof of purchase – you cannot really lodge a complaint against the retailers either before the department of legal metro logy (the enforcement agency in case) or the consumer court. So do insist on a cash receipt, whatever the item initially, shop keepers may resist and even ask you to go and buy elsewhere, but if consumers persist, they will be forced to issue proper cash receipts. Also remember that you have a right to ask a receipt and insist on it.

We must mention here that under the proposed amendments to the Consumer Protection Act (which is before the parliament), failure to issue a bill for any payment made towards services or goods becomes services becomes an “unfair” trade practice And the Consumer Protection Act gives consumers the right to be protected against unfair trade practices and the right to be compensated for any loss or injury caused on account of an unfair trade practice, So consumer can file class action suits against retailers who do not issue receipts.