What To Do If You're Arrested
It can be difficult to think clearly after an arrest. Many arrestees are scared about the social stigmas, personal consequences, financial consequences, legal consequences and the affect of the arrest on their families. However, it is important to remain focused and to take the steps necessary to ensure that all of your rights are protected. At the time of your arrest, a police officer should provide you with your Miranda Rights. These are not just a formality but rather an important part of your arrest.
Communication with the Police
The Miranda Rights include your right to remain silent. This is an important right grounded in the Fifth Amendment to the United States Constitution which protects a person from being a witness against himself in a criminal trial. While you should identify yourself upon police request by stating your name and address or providing your driver's license or state ID, you are not required to answer further questions asked to you by a police officer. However, it is in your best interest to be polite. For example, you can calmly state that you will not be answering questions until you have consulted with your attorney.
While you are not required to answer the questions posed by police officials, you are required to remain in their custody until your attorney has secured your release or a judge has established bail which you have met. You should never try to escape from police custody. This will only compound the charges against you and increase your chances of remaining in jail.
Remember the Circumstances of Your Arrest
Sometimes things go wrong during an arrest. An officer may violate your rights or use excessive force, for example. These details may be important in your personal defense and are always important for the officer's superiors to be aware of. For these reasons, it is important that you pay careful attention to everything that happens during your arrest and write it down as soon as possible after your arrest. Witnesses to your arrest can also be important in this regard and may be able to testify about any police misconduct or error that occurred during your arrest. Many police cruisers are equipped with video surveillance that may be obtained during the discovery phase of a trial and can be an important piece of evidence if you are alleging police misconduct or that you did not commit the crime in question.
Right to be Represented by Counsel
Your lawyer can help you at the time of your arrest and throughout your criminal proceedings. After you provide the police with your name, address and telephone number you are not obligated to speak with them without your attorney present. Remember, if you cannot afford a lawyer then the court will appoint a defense lawyer to your case.
Your criminal defense lawyer can start helping you as soon as you call him after your arrest. Your lawyer will help you through police interrogation, bail hearings, plea bargaining and all aspects of your trial.
Additional Criminal Law Articles
- What Happens If I Am Arrested?
- The Search of Cars at the Time of Arrest
- What Are The Miranda Rights?
- When is a Search Warrant Necessary?
- Where Do The Miranda Rights Come From?
- Some Misdemeanor Convictions Eligbile for Dismissal through Victim Compromise Programs
- Miranda Rights: The Who, What, Where, When and Why
- When Must The Police Read Me My Miranda Rights?
- What Comes Next After the Arrest?
- What Do My Miranda Rights Protect Against During A Police Investigation?
- Initial Consultation With a Criminal Defense Attorney or a Public Defender
- How Do I Know If I Am In Custody?
- The Preliminary Hearing
- Regaining the Right to Vote Following a Criminal Conviction
- What Is A Custodial Interrogation Requiring A Miranda Warning?
- Infraction, Misdemeanor or Felony: What is the Difference?
- Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
- Murders and Manslaughters
- How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?
- The Pros and Cons of Plea Bargaining
- Avoiding a Criminal Record
- I Was Pulled Over For A Traffic Violation And Questioned. Isn't This An Illegal Interrogation?
- Can the Cops Search My Car?
- Expunging Criminal Records
- Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?
- How Can A Criminal Record Affect Your Job Application?
- What to do if Police Use Excessive Force
- What Is A Plea Bargain?
- How a Criminal is Sentenced for a Crime
- What is expungement?
- Sentencing Guidelines: Fair Sentences or a Denial of Trial by Jury?
- What sort of records can be expunged?
- Not Guilty by Reason of Insanity
- What are the requirements for having a criminal record expunged?
- Wrongful Convictions
- What are the chances of having a criminal record expunged?
- Police Misconduct Leading to Wrongful Convictions
- Can I have my juvenile records expunged?
- Wrongful Incarceration Due to Police Planted Evidence
- If I have a record expunged, do I have to disclose it to anyone in the future?
- Wrongful Convictions Resulting from False Confessions
- What is Assault?
- How the False Testimony of Snitches Results in Wrongful Convictions
- What are my rights when charged with a crime?
- Witness Misidentification
- What Is A Grand Jury?
- Prosecutorial Misconduct Leading to Wrongful Convictions
- What Is Bail?
- How Bad Lawyering Can Result in Wrongful Convictions
- What happens at an arraignment?
- Overturning Wrongful Convictions Through DNA Testing
- Does an Expunged Criminal Record Still Follow You?
- Violating Probation
- What Happens When You Face Out of State Criminal Charges?
- The Juvenile Court System for Minors Accused of Crimes
- Double Jeopardy
- Domestic Violence Law
- What Is The National Sex Offender Registry?
- The Truth About Perjury
- Bail For Beginners
- The White Collar Crime of Insurance Fraud
- When Does Discipline Become Abuse?
- Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests
- If I Am Arrested, Should I Hire An Attorney?
- A warrant has been issued for my arrest, what does this mean?
Search LawInfo's Criminal Law Resources
State Criminal Law Articles
- New Jersey
- New York
- North Dakota