No one ever plans on getting arrested. If you should suddenly find yourself in this position, it can be difficult to keep your cool. But it is important to keep a level head when interacting with the police because from the moment of contact, anything and everything you say to them could end up being used against you in court. Here are three mistakes that are sometimes made by individuals when they are placed under arrest.
Allowing A Search Without A Warrant
Let's be clear here, if the police have a search warrant then there is nothing you can do to stop them from searching your property. But if they do not have a warrant, you have rights that you need to keep in mind. If the police ask, declare (loudly if there are witnesses) that "you do not have the right to search". If the police search anyway and did not have the legal right to do so, a good criminal defense lawyer could possibly get any evidence they uncover thrown out in court.
If you are being arrested for something you did not do, the natural instinct can sometimes be to fight the situation. But while that may be natural, it's not very smart. You should never, under any circumstances struggle with a police officer even a little bit. Allow them to place the cuffs on you and place you in the car. If you struggle against them for even one second, you could be charged with resisting the arrest or worse, assaulting the officer. These crimes could potentially carry heavier sentences than what they are arresting you for in the first place.
Talking About the Case Without An Attorney
While the arrest is still in progress or while you are being driven to the police station for the official booking, the police officer may try to talk to you about what happened. There's a reason why the Miranda rights say you have "the right to remain silent": Volunteering information about the case to a police officer is just setting yourself up for trouble down the road. If the police try to interview you, demand your right to see an attorney. Even if you can't afford one, a public defender can be assigned to you. You don't have to say anything at all to the police without an attorney present.
Getting arrested can be a scary situation but it's important to keep your cool. Never resist the arrest or fight or struggle against the police officer involved in any way. Do not help make the police officer's job easier by allowing them to search property of yours that they do not have a warrant for. Finally, keep in mind that you don't have to provide any information to the police if you don't want to and you have the right to speak to a criminal defense lawyer before talking to the police. Contact a business, such as the Kalasnik Law Office, for more information.Share