subject: How To Handle Being Arrested [print this page] If you expect that you will be arrested, do not make a bad situation worse by mishandling the process. By considering your rights and responsibilities, you can avoid making the most common mistakes.
Begin by preparing your family. Memorize your attorney's telephone number and make other emergency plans. Also, coordinate your finances for making bail.
Do not resist arrest. Fighting or fleeing the police can result in extra, possibly more critical, charges. Even if you believe your arrest is unfair or unwarranted, stay calm and comply with the arresting officer. Talking trash to the police is a bad idea, practically and legally, so be polite.
Immediately request a lawyer. You have a right to an attorney, so use it! If you cannot afford counsel, the state must provide legal representation. Your right to a phone call can aid with contacting your attorney from jail.
Do not talk to people (except to identify yourself). Take advantage of your right to remain silent. Do not offer any explanations, excuses, or information to the police. Refrain from answering police questions, unless it is to identify yourself. In short, do not say anything, sign anything, or make any decisions without first consulting your attorney. Police officers sometimes lie to criminal suspects for the purpose of gaining incriminating admissions. In fact, many officers are trained to lie to you to get your confession. For example, they may lie about having witnesses, video tape, fingerprints, or DNA evidence. They may also separate you from your friend and tell you that your pal "ratted you out," in hopes that you will return the favor. Finally, officers often promise that you will be better off if you admit your guilt and cooperate. Just remember, the police are concerned in proving their case, not defending your case.
Do not consent to a search. If the police do not have a warrant, do not permit them to search your home or automobile. Searches often lead to incriminating evidence that can be harmful to your case.
Make the most of a bad situation by handling your arrest right. You won't regret it.
Disclaimer: The material contained in this article is for general informational purposes only and does not constitute legal advice or solicitation of legal services. You should not act upon the information presented without seeking professional counsel. Each case is different. The author does not and cannot warrant or guarantee the outcome of any case. Reading this article does not give rise to an attorney-client relationship. Absent an express written agreement between you and the author, no attorney-client relationship will be established.
