An arrest can be incredibly traumatizing. And when the circumstances surrounding it are unclear, it can be even more stressful, embarrassing, and confusing at the same time.
During an arrest, the police follow a set of procedures to uphold the law and acknowledge your constitutional rights. You are taken into custody and by law, are not allowed to walk away from your arresting officer until you are legally able to do so. The law dictates that an arrest only occurs under these conditions:
- You are caught committing a crime.
- There is “probable cause” for your arrest, as established by your arresting officer.
- An arrest warrant is issued by the court.
It is typical for an individual to react to the arrest, and sometimes those reactions aggravate the situation. To be on the safe side, there are the things you should and shouldn’t do when you are arrested or detained:
1. Never resist or use force against the officer/s.
Either at the actual scene or upon your detention, you need to cooperate with the police. At the scene, your rights will be read as you are escorted to jail. In the detention cell, you will be searched and your photograph and fingerprints will be taken. They will also make a report about your arrest. Don’t resist and stay calm. Under the law, you can be charged for resisting arrest. If you use force so you flee from the situation and end up injuring the police, you will face charges for battery of an officer.
2. Ask for a lawyer and stay silent until you have one.
It is not a good idea to sign a written Miranda waiver and talk when questioned by the police. What you should tell the arresting officers are only your name, address, and birth date as basic information. Ask for an attorney to represent you and do not talk to the officers until your lawyer arrives. Do not speak to other inmates.
Remember that the police will want you to talk; don’t give in and invoke your rights instead. The problem with waiving your Miranda rights, is that you may talk about something that will incriminate you and exacerbate the situation. Sort out the matter with your lawyer first. Never make any decision about your case without your attorney. Refuse to be in a lineup or sign documents until you see a lawyer.
3. Ask for help to get out of jail fast.
Arrested individuals are usually entitled to a phone call to their lawyer, their family, and a bail company. Because conversations over the phone are recorded, it is best to simply notify your loved ones about your arrest but do not give out the details surrounding it. Hire an experienced defense attorney to represent you. To get out of jail quickly while your case is being sorted out, make sure you seek help from a reputable and seasoned bail bondsman.
An arrest doesn’t have to ruin your life. Do not do anything that will worsen the situation in any way. When in doubt, call a highly experienced lawyer and decide only based on his or her advice. Remember to always protect your rights and work towards getting an ideal outcome in your case. And while your case is pending trial, get out of jail in no time by posting bail.
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