subject: What To Do If You Are Arrested [print this page] It can be challenging to think clearly following an arrest.A great number of arrestees are scared concerning the social stigmas, personal consequences, economic penalties, legal consequences and the affect of the arrest on their families.However, it is important to keep focused and to take the actions essential to make sure that all of your legal rights are guarded.At the time of your arrest, a police officer ought to provide you with your Miranda Rights. These are not just a formality but instead an essential part of your arrest.
The Miranda Rights include your right to remain silent. This is an elementary right grounded in the Fifth Amendment to the United States Constitution which protects someone from becoming a witness against themself in a criminal trial.Though you will need to identify yourself upon police request by stating your name and address or offering your drivers license or state Identification, you will not be required to answer further inquiries asked to you by a police officer.Although, it is in your best interest to be polite.For instance, you can calmly state that you're going to not be answering questions until you have spoken with your criminal defense attorney.
Though you are not required to answer the questions posed by police officers, you are required to remain in their custody until your attorney has secured your release or a judge has established a bond which you have met. You should by no means attempt to escape from police custody.This can only compound the charges against you and enhance your chances of remaining in jail.
At times things go wrong during an arrest.An officer may violate your rights or use excessive force, for example.These facts could be crucial in your personal defense and are always key for the officers superiors to become aware of.For these reasons, it is necessary that you pay careful attention to everything that comes about during your arrest and write it down as soon as possible following your arrest.Witnesses to your arrest may also be crucial in this regard and might be prepared to testify about any police misconduct or error that occurred in the course of your arrest.Many police cruisers are equipped with video surveillance that can be obtained during the discovery stage of a trial and might be a critical piece of evidence if you are alleging police misconduct or that you simply did not commit the crime at issue.
Your criminal lawyer can help you at the time of your arrest and all through your criminal proceedings.After you offer the police your name, address and telephone number you aren't obligated to speak with them without your criminal attorney present.Don't forget, if you cannot afford a criminal defense attorney then the court will appoint a criminal attorney to your case.
Your criminal attorney can get started assisting you as soon as you phone him after your arrest.Your criminal defense lawyer will help you through police questioning, bond hearings, plea bargaining and all aspects of your trial.
