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What Not to Do If You’re Arrested

Posted by Ken Barrett | Dec 16, 2016 | 0 Comments

There's no doubt that being arrested for any kind of crime can be a very scary situation. Most likely, you aren't sure what's going to happen next or what you should even do at a time like this. The good news is, you don't have to panic or feel intimidated by being in the police station, surrounded by officers. You can remain calm, cool, and collected and handle the situation in the best way possible. You just need to know what not to do if you're arrested. Keep this advice in mind… 

1. Do Not Run or Resist Arrest

You've probably seen movies or television shows where someone runs or attempts to resist arrest. That never works out in your favor. In fact, it only adds to the list of other charges you're facing. When you resist arrest, you can be charged with resisting arrest, among other things. You could wind up facing charges for battery on an officer if you end up getting into a fight with the one arresting you.

Plus, running from an officer immediately makes you look guilty, whether you are or not. That's not going to look good if your case goes to trial. Don't give the officers any reason to become frustrated with your behavior. Listen to their requests at the time of the arrest and do as you are told. By obeying the officer, things will go much more smoothly. The only time you don't have to obey them is when they're insisting you answer questions without your attorney present.

2. Do Not Allow an Officer to Search Without Your Consent

Odds are, the police will want to conduct a search, whether it's on you, your vehicle, or your home. You don't have to let them search your things if you haven't first given consent. If you give officers consent to search, they may find something incriminating that can be used against you in court. If the office conducts the search despite your refusal, any evidence they find may be thrown out in court since it wasn't obtained in the right way.

If an officer requests to search your house, let him or her know that you are not comfortable with that. Clearly and politely tell the office that he or she is not allowed to come into the house, car, etc. It's important to be assertive and stand up for your rights.

3. Do Not Speak Without a Lawyer Present

When you are arrested, the police officer bringing you in is required to read you your Miranda Rights. These rights basically state that you are entitled to remain silent when being questioned. They also state that you have the right to request an attorney, whether it's a private one or a public defender (if you're unable to afford a private attorney).

Because the officer involved will want to question you about the incident, you may feel pressured to just answer the questions. Many falsely believe that if they just cooperate, they'll be free to go or that the process will go along much more quickly. This isn't true. One thing you do not want to do is to speak to the police without a lawyer present.

Upon being arrested, ask to speak to your lawyer and don't say anything else regarding the incident to the police. Don't let them intimidate you into talking either. Because anything you say to them can be used against you in court, it's best to keep your mouth shut until your attorney arrives. Your attorney will discuss your options with you and inform you of what you should and shouldn't say in this case. So, keep quiet and call your attorney to come in and help you out with questioning and the case in general.

4. Do Not Be Rude

You may be scared or angry after being arrested, but that's no reason to take it out on the officer who is doing his job. Instead, you should always be cooperative with the officers involved. Be polite and courteous. Arguing or verbally fighting with an office is not going to look good in the end and won't yield positive results.

5. Do Not Believe Everything the Police Say

You've probably been raised to believe everything a police officer says, right? Well, that's not always true. Police officers are trained to lead you into making a confession during questioning. It can be pretty nerve-wracking, especially if you've never been in the situation before. The entire questioning process is intimidating, which is why it's helpful to have a lawyer to help you.

A lawyer can prepare you for what to expect during questioning and let you know what you should and shouldn't discuss at the time. A great lawyer will even be able to tell when a police officer is bluffing. Sometimes they lie about having witnesses or state that someone else told on you to police, all to get you to confess to a crime.

If you're ever arrested, keep these simple tips in mind to help the process go a little more smoothly. One of the most important things to do is to request a call to your lawyer. Having a lawyer will make all the difference in the outcome of your case, so don't pass on that opportunity. Call your lawyer and keep your mouth shut until he or she gets there. Don't risk making the situation worse by giving a statement without being prepared by a lawyer first.

About the Author

Ken Barrett

Attorney Kensley Barrett is a skilled criminal defense lawyer with a proven track record in handling a wide range of cases in Rhode Island. Known for his strong background in trial advocacy and negotiation, Barrett is dedicated to providing personalized and effective representation for his clients. Recognized as a "Rising Star" by Super Lawyers and with a 10.0 "Superb" rating on Avvo, he consistently achieves successful outcomes, including acquittals, dismissals, and reduced charges.


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Kensley Barrett

Our law firm was founded on the belief that working with us is more than just hiring a lawyer. Working with us will bring you peace of mind and also allow you to continue with your regular life while we attend to your legal matters. Our vast experience means that it allows us to excel in both aggressively representing your interests and generating the best possible result for you.