If You've Been Arrested

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KNOW WHAT TO DO...

When You're Arrested

You don't usually plan on being arrested. Therefore, few criminal defendants have the opportunity to get legal advice before the arrest. This is critical because many critical mistakes take place before, during, and after the arrest. By the time a defendant speaks to an attorney, he's probably already made mistakes that will negatively impact his defense. These mistakes may even result in additional charges. Every case is different, but these basic guidelines may help you to avoid complications, damage to your defense, and possibly even additional charges.

Cooperate:

No one wants to be arrested. That's certainly a reasonable feeling. However, a multitude of problems will arise for criminal defendants who react instinctively rather than remaining calm and reasonable during an encounter with police.

Physically resisting arrest (even if it's just running or dodging) is a crime.
Trying to negotiate with the police not to arrest you might not be in your best interest. An officer might note in their reports that you were argumentative--something you don't want judge or jury to hear.
The more you talk, the more likely you are to say something that can be used against you.

Remain Silent:

"You have the right to remain silent."

You cannot simply explain your situation to the police and expect a resolution at the scence of the incident. Moreover, what you say to the police could be used to solidify the case against you.
Don't speak out in anger. Again, the police can put in their report that your were argumentative and you don't want that.
Bottom Line: Remain silent. You don't know what statements may be harmful to your case and your defense.

Posting Bond:

Depending on the nature of the charge, a criminal defendant may be offered the opportunity to post bond in a criminal case. In many cases, we can have a clients bond amount lowered. Call us so we can walk you through the process.