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No matter who you are, getting arrested is a terrible experience. You will feel an array of emotions that run the spectrum from fear to embarrassment to anger. You may feel the urge to react with your emotions rather than logic, but it is imperative that you take proper steps to protect yourself following your arrest. This is your life and your future at stake, and what you do in the immediate aftermath of your arrest can have grievous consequences for your case.
If you are ever arrested, you need to move quickly to take certain steps that will help ensure that you can receive the best defense possible and avoid giving unnecessary ammunition to the prosecution.
Below we have listed five steps you should take as soon as possible in the event of an arrest. Please remember, this is not intended as legal advice for your specific situation so please call us right away to discuss what we can do to help if you have been or are going to be arrested.
1. Stay calm
As we mentioned, your emotions will be at a fever pitch when you are arrested. The very first step you need to take is to remain calm. Acting belligerently or resisting the arrest in any way will only hurt your case. Whether you need to count to ten or take deep breaths, it is essential that you calm yourself so you can think clearly and avoid reacting adversely to the arresting officers. Further, resist saying something you think may be helping you as you may actually be hurting yourself.
2. Stay silent
You have the right to remain silent. ALWAYS use it. As the Miranda warning states, “anything you say can and will be used against you in a court of law.” And prosecutors will use any ammunition you give them. Even if you are calm and steady, you may say something that could be misunderstood or misconstrued. Do not talk to anyone until after you’ve consulted with a lawyer—including any cellmates as well as friends or family. Remember, you may be allowed to make a phone call from jail, but unless it’s to your lawyer the call can be recorded and used against you as well.
3. Be polite and respectful
No matter how angry or upset you feel, it’s very important that you remain polite and respectful towards everyone involved in your arrest. That doesn’t mean you can’t firmly exert your right to remain silent or invoke your right to an attorney, but do it respectfully. Being civil and easy to deal with can help your case, while being rude and disrespectful towards officers can aggravate the situation and escalate it in a way that piles more charges on top of the original arresting charges.
4. Ask for a lawyer
A lawyer needs to be the very first person you talk to about your case. Period. Tell the arresting officers you’d like to speak with your attorney. If they do not comply with your request right away, simply continue to respectfully tell them you want to speak with your attorney. It’s your right and you should always use it.
5. Follow attorney’s advice and make sure he/she is present
First and foremost, listen to the advice of your attorney. It is their job to protect you and they know the law. Your interactions are protected by attorney-client privilege and cannot be shared. Next, make sure your attorney is present for any aspects of the investigation, including interrogations, lineups, negotiations, or testing (such as a lie detector or DNA test). They can help make sure all of these procedures are completed lawfully and protect your best interests throughout.
If you are ever arrested, take fast action to protect yourself. You have rights and you need to use them. Follow the above steps and please give us a call to discuss your situation and what we can do to help.
Weisberg Kainen Mark, PL
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