What to do if you have been arrested

What to do if you have been arrested

What to do if you have been arrested

Whether it is on the side of the street after being pulled over or after the police arrive with a warrant, being arrested often comes as a bit of surprise. However, in the moments after being arrested, defendants often make fighting their charges much more difficult.

We have all heard the Miranda rights before on television. You have the right to remain slient. Anything you say can and will be used against you in a court of law. You have the right to an attorney, if you can not afford one, one will be provided to you. The police must read you these rights upon arrest and before they talk to you about the case. While everyone seems to know that they have these rights, far too many people don't understand their importance.

What's the biggest mistake that people make when they get arrested? They try to persuade the police of their innocence. While it does seem like the most instinctive thing to do, it hardly ever works. When the police decide to arrest you it means that they believe they have probable cause to do so. Therefore, they have made up their mind and it is very unlikely you are going to change it.

Remember that part of the Miranda rights where the officer says anything you say may be used against you in court? It is not an idle threat. Often, the most damaging evidence the prosecutor uses against a defendant at trial is their own words. Even if the defendant doesn't confess to the police they will often unknowingly make a statement that incriminates them. An off-hand remark on what seems like a minor detail can be the difference between being found guilty or not guilty at trial. The lesson here is to exercise your right to remain silent because while it might not necessarily make things better for you at trial, it won't make things worse for you either.

Another thing to keep in mind is that just because you have been arrested; your case is not over. In fact, in many ways your case has just started. The police just need probable cause to arrest you, but the jury and judge must believe you are guilty beyond a reasonable doubt. That is a significant difference, and many cases fall in the middle. That is why you should exercise another right, your right to an attorney. A criminal defense attorney can challenge the case the state has and show that the Prosecutor can not meet the burden of guilt beyond a reasonable doubt. An attorney can ensure that your Constitutional rights are protected and that you invoke them to benefit your case.

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