Know your rights: What to do when you’re arrested
Criminal defense attorneys outline the do’s and don’ts
Being arrested is fortunately something many people aren’t familiar with. [Dealing with police] can be a nerve-wracking, or even scary time for those facing an arrest. Knowing what to do in this situation is crucial to remaining calm and collected throughout the process and ensuring you come out on the other side of your case in the best possible shape.
Know your Miranda rights
You’ve heard it on TV a thousand times: You have the right to remain silent, except you do have to tell the police basic information like your name. Miranda rights also tell us that anything we say can be used against us in court, we have the right to legal counsel, and if we can’t afford counsel we have the right to a court-appointed attorney.
In a lot of instances, the police may not attempt to take a statement from you. If they don’t,the police officer may not read the Miranda warnings, since they are only required to do so when they intend to question you. Always be aware that anything that you say in the presence of the police can be used against you, even if the Miranda rights haven’t been spoken.
Police can even use any statement you make while in custody, including if they overhear your telephone calls or while you talk with other prisoners.
Be respectful and do not resist.
Never lie to the police. However, depending on the situation, it might be best for you to not talk to the police about what happened. Your criminal defense lawyer can tell you what to do when you meet or speak with them, but until then, remain quiet.
Also, don’t tell an officer what they can and cannot do, such as, “You can’t lock me up”, because they are able to do a lot, and challenging them will not end up working in your favor in the future. It is also advisable to not be demanding or pushy to officers when it comes to getting your phone call and contacting your lawyer.
Call a criminal defense attorney
The key to successfully dealing with your arrest is to contact a lawyer. You have the right to speak to your lawyer in private, and that is when you are to be transparent in what happened leading up to your arrest, so you can be best represented. The criminal defense attorneys at Yavitch & Palmer are on your side and will work with you every step of the way throughout the course of your case.
Learn more about Stephen Palmer’s 19 years of experience as a Columbus criminal defense attorney.