An array of emotions, from fear and embarrassment to anger and uncertainty, will likely surface in the event that you are ever arrested. Most people will instinctively react based on their immediate emotions rather than thinking the situation through and acting in a way that is in their best interest.
There are two steps you should immediately take if you get arrested, and though they are seemingly simple, they can be extremely challenging to do under the circumstances. Understanding which steps to take after getting arrested is essential for ensuring that the consequences of your case remain minimal.
How Do You Know If You Are Being Arrested?
Being pulled over or stopped by law enforcement does not automatically mean that you are or will be arrested. You may only be arrested if a police officer takes you into custody and by informing you that you may not terminate the interaction and informs you that you are not free to leave.
Also, an officer is only likely to arrest an individual for the following three circumstances:
- They see a crime being committed
- There is probable cause that the individual has committed a felony
- If a warrant supported by probable cause has been issued by a judge or magistrate
Follow These Steps If You Are Being Arrested
The timeliness of the two steps listed below is important to ensure that you are equipped with the best defense possible and to help avoid providing the prosecution with unnecessary ammunition. Follow the steps below as soon as possible in the event you are being arrested.
#1: Remain Silent and Calm
Remaining calm can be challenging. However, you must try to remain calm at while dealing with the officer and avoid resisting arrest or acting irrationally and belligerently because it will only hurt your case, and potentially lead to more charges
Avoid letting your emotions get the best of you so that you can think clearly and not overreact in a negative way toward the arresting officers. Remaining silent is also in your best interest so that you do not provide the prosecution or the officers with any ammunition that can be used against you in your case.
When you are read your Miranda rights, there is a warning that states “anything you say can and will be used against you in a court of law.” Words can easily be misunderstood or misconstrued, and the prosecution will use anything they can, even if you did not mean to say it. You have constitutional rights under the fifth and sixth amendments to remain silent, and not to answer law enforcement questions without an attorney present. You should exercise both in such a situation, as set forth in this blog post.
You will likely be allowed one phone call upon arrest. Try making your first phone call to your attorney or someone who will find you the best attorney for your situation. Avoid divulging too much information to anyone you call unless it is your lawyer whose communications are protected by attorney-client privilege.
The reason for this is that the call may be recorded, and the conversation used against you if it is with anyone other than your lawyer.
#2: Ask for Your Attorney
Once you have been able to calm yourself down from the many emotions you may be feeling, you should immediately request that your attorney be present or that you speak with your attorney.
They may not immediately comply with your request, but you should remain calm, respectful, and persistent, insisting that you speak with your attorney. As mentioned above, this is one of your rights, and you should not hesitate to invoke it. Once you do so, the officer(s) must cease questioning you until you have the opportunity to consult with your attorney.
Your attorney should provide you with sound advice and next steps that you should listen to and follow. Remember that their job is to protect you and that they are well versed in criminal law.
Your interactions are protected by attorney-client privilege so you must be transparent with your attorney no matter how bad the situation may be.
Finding a Criminal Law Attorney
Being arrested is a very emotionally tumultuous event, and it can heighten feelings of fear, uncertainty, and anger. You must not let those emotions get the best of you.
One of the most important things to remember, if you are being arrested, is to always remain respectful to avoid being charged with resisting arrest or battery of an officer.
Consulting with an attorney and remaining silent are the two most important steps you can take to support your case.
At Apfelbaum Law, we can assist with your criminal charges and answer questions about any potential legal matter. Contact us today for a consultation and learn how we can help you with your case.
