What you should and shouldn't do if you are arrested

Alex Wright

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If you are arrested and detained, the most important thing to note is that you have the right to remain silent and the right to an attorney, but these rights only protect you if you exercise them. If you are convicted, the only thing you can do for yourself is to remain silent until you receive legal representation from a talented team of criminal defense attorneys.

Here, we look at the things that you should and shouldn’t do if you are arrested.

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Do not resist arrest​

One does not have the right to resist arrest in the vast majority of circumstances. this may be the case even if the arrest appears to be unlawful. The use of force can result in charges of resisting arrest, assault on an officer, or worse. And that person can suffer serious injuries as a result. If you have been arrested without reasonable grounds, go to court and fight your case instead of fighting in the street.

Do not waive your rights​

You will be searched if you are arrested, either at the scene or in custody, or both, and any contraband or evidence will be confiscated. You will be photographed and fingerprinted, and your arrest will be recorded. Any person who is detained and questioned by the police must be told of their legal right to remain silent and to be accompanied by an attorney, known as "Miranda rights". A police officer would usually say something like, "You have the right to remain silent. You have the right to an attorney, and if you can't afford one, one will be appointed for you. Anything you say to us if you forfeit these rights and speak to us may be used against you in court. Are you aware of your rights?" Before speaking with the police, some departments may ask you to sign a Miranda waiver in writing. Waiving your Miranda rights is almost never a smart idea.

Involve your rights​

Invoking your Miranda rights means giving no comment until you have an attorney at your side and have had professional, legal advice. Remember, as soon as you start speaking, you are waiving them and it can be used as evidence to prosecute you further down the line. You can give the police your name and basic details, such as your address and date of birth, but nothing else. Do not speak to police officers, family members, or colleagues about your detention, and do not speak to other prisoners about your case. Remember, calls may be recorded and other prisoners may try to glean information in order to secure a better deal for themselves.

Get professional advice​

Being under arrest can be a very stressful and traumatic experience. People frequently want to get out of jail and believe that if they simply explain the situation or comply, the police will release them. Officers can also make you think that will happen. Do not attempt to charm your way out of jail or make any decisions about your case without first consulting with an attorney. Do not take part in a lineup or any other activity. Working with a good attorney is the best way to protect your rights and obtain the best possible outcome in your case.
 
The pigs arrested me ages ago because some idiot said stuff to defame me on purpose again. But that's just crazy.
 
I was once arrested for 'assaulting a police officer' - when in actual fact, he assaulted me and I defended myself. There was CCTV evidence which corroborated my case and all charges where dropped. In hindsight I was lucky, because I did retaliate - but I have developed a real dislike for law enforcement since then.
 
My goal is not to get arrested in the first place. :D
 

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