What to Do If You Get Arrested
If you are arrested, it can be a stressful and overwhelming experience. Many people don't know what to expect or how to act. However, remaining calm and knowing your rights can help you navigate the situation more effectively. If you find yourself in police custody, remain calm. Whether you are innocent or guilty, it does not matter. You should act the same no matter what.
The first thing to do when you are arrested is to stay calm. Remember, anything you say or do can be used against you in court, so it's best to limit your verbal responses. Your words can be twisted, so it is always best to say nothing.
One of your fundamental rights when you are arrested is the right to remain silent. You do not have to answer any questions other than identifying yourself. Politely let the officers know that you wish to remain silent and would like to speak with a lawyer before answering any questions. Don't think you can talk your way out of it. It's important to note that anything you say to law enforcement can be used against you in court. This is why it's wise to remain silent until you've spoken with an attorney who can guide you on what to say. Always ask for a lawyer. You have the right to legal representation. If you are arrested, request a lawyer. If you cannot afford one, the court will provide a public defender. A good lawyer will ensure your rights are protected and advise you on the next steps. Once you ask for a lawyer, the police can no longer ask you any questions about the case.
Remember, do not engage in any discussions about your case or the incident until your lawyer is present. They will be the best person to guide you through this process.
If you are arrested, do not physically resist the officers, even if you believe the arrest is unjust. Physically resisting arrest can lead to additional charges, including assaulting a police officer. Instead, let the officers do their job while staying calm and cooperative.
If you believe your arrest is unlawful, do not argue or fight back on the spot. Instead, you can challenge the legality of the arrest later with your lawyer in court. If you resist, you can be charged with resisting, and even if you win your case because you were innocent, you can and likely will be convicted of resisting.
You have the right to know why you are being arrested. Law enforcement must inform you of the charges at the time of your arrest, typically in the form of a Miranda warning (the "right to remain silent" warning). If they fail to do this, your lawyer can challenge the admissibility of certain evidence in court.
Do not consent to any search without a warrant. If the police ask to search you, your vehicle, or your property, remember that you have the right to refuse consent to a search if they do not have a warrant. Politely decline, state that you do not consent to the search, and ask for a lawyer.
While in custody, be mindful of your actions and conversations. Do not discuss the case with anyone other than your lawyer. Anything you say, even in casual conversation with a fellow detainee, can potentially be used against you. Avoid making any statements that could be interpreted as an admission of guilt or a confession.
In most cases, you have the right to make one phone call after your arrest. Use this opportunity to call a trusted friend, family member, or attorney. Let them know what's happening, and if you have access to a phone, you may want to have them contact a lawyer on your behalf.
After your arrest, your lawyer will help you navigate the legal system. Follow their advice carefully and be patient throughout the process. Criminal cases can take time, and the legal system moves at its own pace. Don't rush the legal process, as it can harm your case.
Being arrested is a challenging experience, but knowing your rights and taking the right steps can significantly impact the outcome of your case. Stay calm, assert your right to remain silent, request legal representation, and avoid making any statements or taking any actions that could harm your defense. By doing so, you'll ensure that your rights are protected and that you have the best chance of defending yourself in the criminal justice system.
If you or someone you know has been arrested, contact criminal defense lawyer Michael Zarrella immediately. With his legal guidance, you can make informed decisions that may help minimize the consequences of the arrest. Make your lawyer's job easier by not giving the police any information that can be used against you.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment