Being arrested can be terrifying and overwhelming. Often times you may not know what to expect or what to do next, and may do something that could jeopardize your case or even make your potential charges worse. However, it’s important to remember that you have rights and knowing how to invoke them can help you to be released quickly and give your case the best possible chance at a positive outcome. Here are five tips to remember if you find yourself being arrested.
1. Stay Calm
Your treatment of the officers in your arrest could have a significant impact on your case. If you are calm and collected and do as they ask (within reason, of course), then your case will likely proceed smoothly. If you are unruly and escalate the situation, the exact opposite will likely occur. Remember, resisting arrest can also mean additional charges, even if you are entirely innocent of your initial ones.
2. Keep Quiet
The first of the well-known “Miranda Rights” is “you have the right to remain silent.” This means that you are not obligated to speak to the police or answer any of their questions regarding your case. Remember this tip, as sometimes police may try to persuade you otherwise. However, the Fourth Amendment says you have the right to not incriminate yourself, and refusing to answer questions is simply exercising this right.
3. Know Whether or Not You Can Be Searched
If you have not been placed under arrest, then the police have no right to search you or your property without your consent. If you have been arrested, they no longer need your consent. If you have not been arrested, you do not have to allow the police to search you, your vehicle, your home, or any of your possessions. The one exemption to this rule is your cell phone, which the police must have a warrant to search, even after you have been arrested.
4. Seriously, Keep Quiet
Remember the discussion earlier about you having the right to not answer questions? Well, it does you no good to not answer the officers’ questions and then immediately go spilling the beans about your case to your fellow arrestees. Don’t discuss the details of your case or post about it on social media, no matter how much you may want to vent or confide in someone regarding your case. These statements can be used against you in court.
5. Ask For an Attorney
Arguably the second most important Miranda Right is the right to an attorney, which means you do not have to submit to any questioning from authorities regarding your case without an attorney present. The right even guarantees that you may have an attorney present, even if you cannot afford one. If you wish to speak with an attorney, simply inform the authorities and they will allow you to seek an attorney or have a public defender assigned to your case.
When you are arrested, it is strongly advised that you speak with an attorney regarding your case as soon as possible. At the Law Offices of Mark Girdner, we have the experience and legal knowledge you need on your side as a powerful ally in court. As a former Deputy District Attorney, Attorney Girdner has an insider’s edge into the mind of a prosecutor, and can tailor his counsel and representation to fit your case and the approach your prosecution will take.Give yourself the best possible chance at a positive outcome to your case! Call the Law Offices of Mark Girdner today at 209.326.1533 and request a free initial consultation!