If you are arrested or detained by police, there are some very important Do’s and Don’ts to keep in mind.
First, try very hard to stay calm and be as polite and respectful to the police as possible. Of course it’s a stressful situation, but getting upset or excited with the police, or yelling or swearing at them, will not help you at all, and you’ll just make it harder on yourself. And most definitely, do not resist arrest or try to flee – that could lead to you being charged with additional offenses, and may even escalate to the point where you are injured. So keep your cool!
Second, do not make ANY statements to the police, even if you think it will help you. You have the right to remain silent, so REMAIN SILENT. Do not speak with anyone about your case unless you have a lawyer present. The police will try very hard to convince you that it will help you to tell them your side of the story, or that your case will go harder for you if you don’t speak with them. You’re not a lawyer, so you don’t know what statements might actually wind up hurting you at trial. So keep quiet.
Which brings us to the next point: as soon as possible, tell the police you want to speak to a lawyer, and will not answer any questions without a lawyer present. And then stop talking.
Next, do not take legal advice from ANYONE who is not a lawyer. NO EXCEPTIONS!
Again: do not speak with ANYONE about the details of your case – not family, not friends, not cellmates or inmates. No exceptions.
Do not consent to a search of your premises or your car. Even if the police search anyway (and don’t physically resist them if they do), you don’t want to consent to a search. That will help your lawyer challenge the search, and whatever is found, in court.
Do not give the police the passcode to unlock your cell phone, no matter what the police say to you. If the police want to unlock your phone, they will have to have a hearing in front of a judge in which your lawyer will have a chance to argue against it.
Also, you should ask to make a phone call, and if you are allowed to do so, you should presume that your call is being listened to and recorded. So don’t discuss any details about what led to your arrest, because whatever you say may be used against you in court. Just tell the person you speak to that you’ve been arrested, where you are, and that you need a lawyer.
Depending on where you have been arrested, before your first bail hearing before a judge, you might be interviewed by Pretrial Services or court staff to help the judge decide what bail to set. They may ask you questions about who you are, where you live, who you live with, whether you’re employed, what ties you have to the local community, etc. It will usually help you to cooperate with this interview – as long as you don’t discuss the details of why you were arrested (save that for your lawyer).
The attorneys at Rick Law, LLC are experienced in criminal defense. If you or a loved one are in need of representation, give our office a call to schedule a free consultation on 610-850-9036.
For more information on the extensive range of criminal matters that our lawyers handle, please visit our Criminal Law page.