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How to Act When You Realize That You Are Being Arrested?

Written by: Aaron J. Slavin

Reputation Level 12

Arrests Criminal Defense

Posted over 3 years ago. Applies to Florida, 1 helpful vote, 0 comments

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Always Remain Courteous

If you are being arrested, somebody (the police) obviously already thinks that you did something wrong. You may have done something wrong. Or you may not have done something wrong. The point here is the following: YOU WILL NOT BE ABLE TO TALK YOUR WAY OUT OF WHAT IS ABOUT TO HAPPEN. There is no procedure for the police to "un-arrest" you once they've made the decision to arrest you. Being rude, aggressive, threatening, etc., will only make the situation worse. It could lead to additional charges and it WILL lead to the police officer putting that information in his/her report.... which the Judge will ultimately hear about. Therefore, as my mother used to say, if you don't have anything nice to say, "SHUT UP!"

DO NOT Talk to Anyone about Your Case, Except Your Attorney

Hire an experienced criminal defense attorney who has handled cases like yours before. Do not try to explain yourself. Do not say anything about your situation to anyone other than your attorney or his/her staff. Even if you say something perfectly innocent, there may be a way to use it against you. And anyone can be used as a witness against you, even your relatives, friends and cellmates. Don't even risk taking the chance.

If You Mess up on Step #2 and Talk to the Police without Your Attorney, Do NOT Admit That You Are Guilty

Even if you feel you've done something wrong, why make the situation worse for yourself? You very well may be guilty. However, you may only be guilty of a less serious offense than the one you were arrested for or are currently charged with. Furthermore, even if you are proven guilty, your attorney can still help you get the best sentence available - whether probation, a short jail sentence or otherwise. Just like you, the police have a job to do. Let them do their job. You don't have to do it for them.

Your Communications in Jail are Recorded and Monitored

Be aware that your outgoing telephone calls are probably being monitored by law enforcement. Also be aware that your in-coming and outgoing mail may be opened and read. Mail to and from your attorney will not be read if you write "Attorney Client Legal Mail" on the envelope. Do not think that you can "talk in code" with your friends or family over the jail telephone. As a prosecutor, that was always one of my favorite things to listen to. You just cannot believe the stupid things people will say... even when they know they are being recorded. If you cannot limit your conversation to non-criminal things like the weather or the football season, then you are better off not having the conversation at all.

Be Completely HONEST with Your Attorney

Assuming you follow step 2 and hire an experienced criminal defense attorney, you must be completely honest with your new attorney. His/Her job is to help you and he/she is not allowed to tell anybody what you told them (except to help you). If you lie to your attorney, he/she may take action on your behalf which will be impossible to correct when the truth comes out. Your attorney will need to know the whole truth so he/she can represent your best interests without being surprised later on after it's too late to change his/her strategy.

If You Get out of Jail Before Your Court Hearing/Trial, BEHAVE YOURSELF!

Between your arrest and your trial and/or sentencing you MUST stay out of trouble. The last thing you need is to go to court or trial with another problem hanging over your head. It really sucks to find out that your attorney has worked hard on your behalf to get your charge(s) dropped or to get you a better deal, only to find out that all of that hard work was wasted because you got re-arrested or did something you weren't supposed to do while out on bail/bond. Nonetheless, if you can't BEHAVE yourself and you find yourself being arrested again... please return to Step 1 and make a better effort of following Step 1 through Step 6 your second time around....

Additional Resources

Please remember, each and every attorney may have different advice for their clients. This "how-to-guide" was only created to provide very general information. Every case and every client is different. Nothing in this "how-to-guide" should be interpreted as an attorney-client conversation. Furthermore, by reading this "how-to-guide," you have NOT formed an attorney-client relationship with its author. In the event that you ever get arrested, be sure to ask your attorney for specific advice that relates to your specific case.

Slavin Law Firm