Top Ten Things to Do (Or Not Do) If You Are Arrested.
Getting arrested can be a traumatic situation. But you need to keep your head about you and not give the police anything to use against you. This guide provides ten things you should do (or not do) when you get arrested. Some tips are obvious, some are not. But they are all helpful.
Things You Should DO When You Are Arrested.1. KEEP QUIET. You have the right to remain silent; use that right. You are not required to give the police any statement.
2. STAY CALM. Things are going to be okay. When people get excited, they start to talk and they start to act suspicious. The police will use your actions against you.
3. TELL THE POLICE YOU WANT TO SPEAK WITH A LAWYER. You have the right to speak with a lawyer before answering any police questions. Use that right. Before you call your family, call a lawyer.
4. TURN OFF YOUR PHONE. Your phone will be taken by the police for evidence. The last thing you want is to get a call from someone when they have your phone. Additionally, when you eventually are released and they return your phone (assuming they do) you will need to make calls. You need to make sure the battery is charged. Finally, turning it off will make it more difficult for the police to search your phone.
5. PAY ATTENTION TO EVERYTHING GOING ON. Although the situation will be stressful, you need to pay attention to everything going on around you. Listen to what the cops say to each other. Pay attention to where they search. Pay attention to whether or not they wear gloves when touching you or your property. If they take your property pay attention to where they put it. Try to look at the cops' name badges and remember their names. All of this information will be useful to your attorney.
Things You Should NOT DO When you are Arrested.1. DO NOT CONSENT TO A SEARCH. When you first stopped by the police, but before you are arrested, the police do not have the right to search you or your home or car. They can do a pat down of you, but they can't actually search you. They may ask if they can search your car or home. Do not consent. At this point in the process, they will need a warrant. However, after they arrest you, they can search you or your home or car subsequent to a valid arrest. Don't consent to a search before you are arrested.
2. DO NOT RESIST. Although you may believe the police have not right to arrest you, you should not try to resist their arrest. It will not go well, and you will get hit with a resisting arrest charge. It is better to let them do their job, stay silent and let your lawyer handle it.
3. DO NOT TAKE ANY TESTS, OR GIVE SAMPLES WITHOUT A WARRANT. Particularly in DUI cases, the police will ask for blood tests or a breathalyzer test. You have the right to refuse unless they have a warrant. Tell the police you are not doing anything without your lawyer present. Any evidence you give them will be used against you, including any breathalyzer or blood test results.
4. DO NOT TALK ABOUT YOUR CASE WITH ANYONE. You will be interrogated by the police after your arrest. Obviously, you don't talk about your case when questioned. Your only response to their questions should be "I want a lawyer." But at some point you will be put into a holding cell with other prisoners. Those other prisoners will likely ask you about your case. Do not tell them anything about your case. First of all, the holding cell is video and audio monitored by the police. You have no right to privacy while in custody. Secondly, you don't know who the person you are speaking to is. They could be an informant working for the police. Talk about anything you want -- except your case.
5. DON'T ACCEPT ANY OFFERS FROM THE POLICE. The police do not have the authority to cut deals with you. They cannot influence the charges brought against you (the D.A. does that) and they cannot influence your sentence or release (the Judge does that). They really have nothing to give you. However, they will try to make bogus offers for your freedom. Don't believe them.