Actually, nobody expects to be detained. To avoid being apprehended, even career criminals rely on their good fortune and cunning.
Nevertheless, it's possible. You might wake up one day in handcuffs with a police officer reading you your rights, whether it's because your luck has run out or you've been mistaken for someone else.
Being ready and knowing what to do after that day arrives
could mean the difference between a conviction and an acquittal if it ever
does.
If you've just been arrested, what you say and do next might have a
significant impact on how your case turns out. The police and prosecutors will
work assiduously to secure a conviction; therefore, you could significantly
raise the stakes at your trial if you provide them with information, they can
use against you or if you commit other errors that could impair your defense.
It's important to know what to do if you're arrested. However, because
every situation is different, anyone who has been arrested should get legal
counsel from a skilled criminal defense attorney as soon as possible.
Following an arrest, you can help protect yourself by following these 10
general recommendations.
Here are the 10 Steps to Take after Being Arrested
1. Nothing you do should be interpreted as resistance to arrest
If you are innocent of the crime, you might be furious that you are being
accused of it and taken into custody. Avoid yelling or acting in a way that a
police officer might interpret as resisting arrest. Only an additional charge
of resistance will result from this. Let your lawyer handle the accusations.
2. Don't respond to inquiries
Talking your way out of being
arrested is impossible once the decision has been made to do so. Instead,
you'll probably convince yourself of something. The right to silence is
protected by the Constitution. Work it out.
3. Request legal counsel
When the police question you while you are in custody, you also have the
constitutional right to an attorney's presence. As soon as the police begin
questioning you, make use of this right by requesting legal representation.
4. Make wise use of your phone call
Be wise with that infamous "one phone call.". Use a private or
unknown number to call a person who will probably answer. Call someone who has
the resources to put your bond money together and the ability to figure out how
to pay it as well.
5. Do not converse with your cell mates
Keep your mouth shut while you're being held. It might be alluring to
complain to your fellow inmates about the injustice you have experienced, but
the police frequently make deals with jailhouse "snitches" who are
prepared to testify against a cellmate in exchange for a deal in their own
case.
6. Hire a criminal defense attorney with experience as soon as you can
Your priority should be to retain a skilled criminal defense attorney as
soon as you can, regardless of whether you are still being held in custody or
not. Because they lack a lawyer to defend their rights, defendants frequently
commit grave errors in the early stages of a criminal investigation.
7. For your attorney, create a timeline of events
Over time, everyone's memory deteriorates. If you're able to secure your release on bail, sit down and compose a detailed account of what happened for your lawyer.
Include all relevant details. So that it is covered by the
attorney-client privilege, make sure it is crystal clear that the communication
is only for your lawyer.
8. Talk about the case only with your attorney
Your attorney cannot repeat anything you tell him/her during a
conversation because it is privileged and cannot be used against you. However,
anything you divulge to anyone else could be used against you, and the
prosecution could use the court's subpoena powers to compel that person to testify.
9. Tell your lawyer the truth
Because it's in our nature to be suspicious, most people tend to be so after being detained and accused of a crime. However, if you are not honest, your attorney will not be able to do their job effectively.
Nothing is worse
for a defense lawyer than finding out an important detail or piece of evidence
during a trial that the client ought to have revealed. By keeping things to
yourself, you only endanger yourself and your defense.
10. Remain trouble-free
Whenever you are released on bail, keep in mind that you are still
subject to the court's authority. Even if you were given an OR (on your own
recognizance) release, you still have to follow the terms of that release. You
almost certainly will remain in custody until the cases are settled if you are
arrested for another crime while on release from this one.
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