Some arrests will happen on the spot, such as if you get pulled over for DUI. Other arrests will require securing a warrant, which will be served to you at your arrest. No matter if you’ve been arrested at the scene of a crime or weeks later, the first thing to do is contact a criminal defense attorney.
You will need expert legal representation to preserve your rights and have the best defense. According to criminal defense lawyer Michael A. Pignone, here’s what you should do if you are arrested.
Don’t Make Any Written or Verbal Statements
Remaining as silent as possible is critical when you’re arrested. You will most likely need to provide your identification, but this is different than making a statement. You can exercise your right to an attorney and your right to remain silent as guaranteed by the Constitution.
You may think that making small talk is harmless, but keeping quiet is best until your attorney arrives. You don’t know what kind of information the police have or what they hope they’ll find. Never put anything in writing without an attorney present. Anything written or verbal can be used against you in your case.
Never speak about your case to a fellow inmate or on the jail phone. Even if you’ve done nothing wrong, it could hurt your efforts.
Find Out If You’re Being Detained
Asking a question is different from making a statement. You can ask the officer if you are being detained. If the reply is yes, then they have some kind of evidence to back up the arrest.
However, if the officer replies no, then you can ask if you are free to leave. If the officer responds yes, then you should get up and leave immediately. If not, then you will need to wait for your attorney.
Know Your Miranda Rights
Even before the officer tells you that you’re not free to leave, you should remember the Miranda Rights that protect you from self-incrimination. These rights don’t automatically kick in the moment the police stop you. They only start once you have been placed under arrest.
If you are not free to leave, you can tell the police that you will not speak without your lawyer present.
Be Polite
Regardless of the response of the officer, you should always be polite. You gain nothing by being hostile. A respectful attitude and exercising your rights will make it easier for your lawyer to handle your case without extra complications.
Speak to a Criminal Defense Attorney
If you have been arrested, whether you are guilty or not, you need a criminal defense attorney to help you navigate the labyrinth of laws. They will create an expert defense strategy to uphold justice on your behalf.
You are allowed to have a public attorney appointed to you, but keep in mind that public defenders are overloaded with cases. Hiring an attorney may cost more, but it can be the key to preserving your freedom.
