Most people don’t anticipate being arrested, but it can happen to anyone, even if they’re not guilty of anything or just made one bad decision. Police make mistakes, and sometimes people are just in the wrong place at the wrong time.
What you do after being arrested will have an immediate and noticeable impact on your case’s outcome, so it’s important that you work with an experienced lawyer from Richard J. Banta, P.C. On top of retaining an experienced attorney to protect your rights, avoid making the following common arrest mistakes.
- Keep on talking to the police
Of course, you want to cooperate with the police, but keep in mind that a lot of people incriminate themselves when they’re trying to be too cooperative after an arrest. The police are not interested in hearing your side of the story beyond how they can use your own words to make the case against you even stronger. They may act is if they are your friends and tell you otherwise, but the truth is their job is to get you to say incriminating things. They can lie, misrepresent things and try other tactics to get the information they want to hear from you.
Don’t discuss anything related to the case with the police while you are being arrested or afterward. You will be able to speak to them later, when you have an attorney by your side who will protect your rights and interests during the conversation. Your attorney will also help ensure you do not make incriminating statements or answer misleading questions.
- Try to resist arrest
People resist arrest for a lot of reasons, including fear or their genuine innocence. But it never works out, and you’re risking your own safety by doing so. Don’t ever try to run or touch police officers when you are being arrested. This will be used against you later in court as evidence of your alleged guilt, and it also may give officers the license to use force against you.
- Allow the police to do a search
If the police don’t have a specific warrant to search something–such as your home–they legally don’t have the right to perform a search. Don’t let them into your house to search if they do not have a warrant.
Keep in mind they might have the right to search your car if you are suspected of a vehicular crime, but even that right can be challenged later by your attorney.
- Talk to anyone about your case
Never talk about your case and the incident sparking it while you are in custody. This includes any cellmates you might have. Your cellmates might be approached by law enforcement for details about the conversations you’ve had with them, and this information might then be used against you in court.
After being arrested, the actions you take next will be part of what determines how your case plays out. Stay calm, state your right to remain silent and ask for your attorney.
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