5 Tips - What Do I Do If I'm Arrested?

Thomas Glenn Martin

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Immigration Attorney

Contributor Level 11

Posted about 4 years ago. 1 helpful vote

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1. If you are suspected of a crime, Remain Calm and do NOT answer questions

* Ask the police officer if you are under arrest. If no, then you are not obligated to answer any question or remain there, so LEAVE unless you are under temporary detainment. If yes, then you may refuse to make any written or oral statements until your attorney is present. * Even if the police try to convince you that they are trying to help you clear yourself or tell you they have evidence against you, resist the temptation to answer their questions until after you speak with an attorney. * Inform the police that you are using: your right to remain silent, your right to speak with an attorney, and your right to make a phone call. * Then remain silent. * If the police never gave you your Miranda rights, take a mental note and inform your attorney. Then your attorney should file a motion to suppress any statement you might have made while in custody.

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2. Solidify your perspective of what happened

* If you are arrested for a crime, write down everything you remember about what happened after you make bail. Do not do it while you are being held. * Try to remember any information or documentation that would provide proof of where you were when the crime occurred. * Make sure your story is consistent with the evidence in the case. * Try to frame your story in a way that may invoke sympathy in a courtroom. * Explain why things happened the way they did. For example, your alibi may be you were at lunch. Explain that it was a business lunch and you were meeting a client.

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3. Do not allow the police to search your property without a warrant

* If the police ask for permission to search your car, home, or your person, tell them clearly that you do not give them permission to conduct the search. * If the police do not have a warrant or your permission, yet conduct the search anyway, their findings may be inadmissible in court. * But if you say nothing or make a gesture, your action or inaction may be interpreted as permission. Then their findings may be admissible in court.

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4. Contact your lawyer at the earliest possible time and be Honest with your lawyer

* If you are being detained by the police either call your attorney or request a public defender. At that point, the police have to wait to question you further until your attorney is present. * Only indigent people qualify for public defenders, so if you are not indigent, prepare for the high cost of your defense. * Your attorney is looking out for your best interests. However, your attorney cannot fully represent you unless you are honest with your attorney. Also, what your reveal to your attorney in confidence, your attorney cannot share without your permission.

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5. Make a list of all possible witnesses to the crime

* Write down the name, phone number, and address of any possible witness. * Your attorney should decide which potential witnesses are good witnesses.

Additional Resources

Foresight Legal Group

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