Being arrested can be a terrifying experience, even if it is not your first arrest. Your feelings of shock, fear, embarrassment or anger may cause you to do or say things that escalate the situation and cause further problems.
You may be unaware of the rights you have when you are placed under arrest. Although police officers must read you Miranda rights, your mind may be spinning so fast that you do not understand what they mean.
Do not resist arrest
Even if you believe the situation is unfair, do not understand why you are being arrested or do not believe there are grounds for the arrest, do not resist. Comply with the officer’s commands and do exactly as they tell you.
Resisting arrest means more than physically fighting a police officer or trying to run away. A verbal statement could be considered resisting arrest. For example, if an officer tells you to put your hands behind your back and you say “no,” this might be considered resisting.
When you resist arrest, the only likely outcome is that you will receive an additional charge of resisting arrest along with the underlying charge.
The time to fight against an arrest is not at the arrest itself. After you are arrested, go through the booking process and are released on bond or placed in jail, you will have a chance to speak with an attorney about your situation.
This is your opportunity to discuss anything you believe was illegal about the arrest or how you believe your rights were violated.
Your right to remain silent
Exercise your right to remain silent until you speak with an attorney. Tell the officer that you would like to speak to an attorney. If the officer keeps trying to talk to you or question you, repeat your request and do not say anything else.
Have the phone numbers of one or two family members or friends memorized. You have the right to make a phone call after an arrest.
However, today many of us do not have people’s phone numbers memorized because smartphones have made that largely unnecessary. When you are arrested, your smartphone will be taken away and you may not be given access to it to look up phone numbers.
Therefore, without important phone numbers memorized, you may not be able to exercise your right to make a phone call.
Carefully read all documents you receive
If they are in a language that you do not understand, tell the police officer you need the documents translated. You have the right to be given documents to read in your preferred language.
Knowing your rights ahead of time allows you to make the best choices after an arrest, which often leads to a better outcome. Additionally, if any of these rights are violated during the arrest, this could be grounds for dismissal of your criminal charge.
A thorough investigation and evaluation of your arrest and situation is necessary to determine the best strategy to move forward. A criminal conviction can haunt you for the rest of your life, robbing you of time, money, opportunities and your reputation. Putting on the best defense possible is crucial.