Getting arrested, no matter how serious the charge, can be a frightening experience. Additionally, it is a complex process that can be overwhelming if you don’t understand what’s happening and know your rights before an event occurs.
If faced with this unpleasant and anxiety-inducing situation here are a few things that you will want to know before.
Identify Yourself
In a case where you are approached by law enforcement, you should identify yourself calmly and rationally. Give your full name and address but do not offer any further information until you have a chance to meet with a lawyer…whether you have been arrested or believe that you may be arrested.
Request An Attorney
Whether you can afford an attorney or not, the state must give you access to one upon your arrest. This legal counsel will be able to tell you why you are being held as well as what any charges will be. They will be able to give you sound legal advice and help you work through the process including an arrangement and any court dates that you are required to attend.
Be aware that the police can not listen in on your phone call to an attorney due to attorney/client confidentiality laws, but they do have the right to listen in if anyone else is called.
Remain Silent
One of the smartest things a person facing arrest (or even just detainment) can do is to remain silent. This legal right ensures that you do not say or do anything that could be used against you in a court of law. Even if your Miranda Rights have not been read to you, assume that anything you say is being recorded or could be later quoted back at you by law enforcement.
This also means do not show any hostility toward law enforcement. In other words, do not resist being arrested, but rather go with the police officers to the station where you will have access to contacting a lawyer.
Make Notes About the Event
One way that you can keep track of what happened that caused the arrest is to take notes when you have the time and when you are alone or in the presence of your legal team. Write down as many details as possible, including who was a witness to the event, where it occurred and what the circumstances were that led up to the event. Also, include the location and any cameras that may have been able to capture the event.
Things NOT To Do During an Arrest
Staying calm, remaining silent and calling an experienced lawyer are the top three things you should do in the case of an arrest. However, there are things that you should avoid doing in these circumstances.
Things to avoid doing in the case of arrest include:
- Resisting arrest
- Arguing with police
- Consenting to a search
- Consenting to questioning without an attorney present
- Waive your rights
- Talk unnecessarily to police, inmates, friends, or others in the area
Should you find yourself being arrested, talk to our team at the Law Office of Patrick Conway.