Being arrested can be traumatic. It’s a state where you and your family feel confused, wondering what to do next. When an individual is arrested, a series of events take place. The police must follow certain procedures to ensure they arrest you while protecting your constitutional rights. If you don’t know your rights when being arrested, you may have a hard time with the law enforcement officers. If you or your loved one has been arrested, the first thing you should do is to remain silent. You don’t talk unless you have a lawyer. Remember that it’s your right to have a lawyer by your side. But you can only enjoy these rights if you use them. Learn what to do and not do after being arrested.
What Is An Arrest?
An arrest is an act of seizing someone and taking them into custody. Arrest involves physical force or the suspect submitting because the law office has demanded so with authority. It becomes complete when the suspect cannot escape from the hands of the law officers. Police can only arrest you if they have a probable cause to believe that you committed a crime. This gives the police the chance to deprive you of your liberty. Meaning, you are being taken to custody against your will so that you may be interrogated. An officer is supposed to arrest you under the following circumstances:
- You committed a crime
- The officer has a reason to believe that indeed you did something punishable
- An arrest warrant has been issued by the judge supported by a probable cause of you committing an offense.
What Should I Do and Avoid When I’m Being Arrested
No one plans to be arrested. But if you know what you should avoid or do, it would be vital in safeguarding your rights. In case of an arrest, you can contact Los Angeles criminal attorney to get more details on what to do. Below is a list of things you should keep in mind.
- Don’t resist the arrest: Even if you believe the police don’t have any reason for your arrest, don’t resist being arrested. Don’t try to push them away. Again, if you run away, they might justify their actions to capture you. Worse enough, you may face additional charges for the resist.
- Never try to convince the law enforcement officer of your innocence: It’s not the work of the police to decide whether you are guilt or not. Proving your innocence will be useless at this point. That is the work of the judge.
- Don’t talk: If you have been arrested, your choice to remain silent should be wise. You should tell the police officer that you choose to stay silent until your lawyer arrives. If you keep quiet, the police may legally continue questioning you until you find yourself saying something that will be used against you later. But you have to say something as you are claiming your right to remain silent. However, if you become very talkative, you will give your lawyer a tough time when he/she is trying to defend you. If you want to talk, talk on other issues that are not related to your case. For instance, if it’s a felony case, speak to them about sports or anything else. What most people don’t know is that police are permitted to lie to a suspect to get him/her make admissions.
- Request to have a lawyer: A lawyer will be ready to hear the circumstances that led to your arrest. The application should be clear such that once you assert that right, no one will question you without a lawyer by your side. The law gives individuals the right to have a lawyer after the arrest. You can also explain to your lawyer what led to the arrest. If it’s for a probable cause, your lawyer will assist you to get the amount of bail reduced if you happen to use a bail bondsman. Conversely, if you decide to talk to the police without a lawyer, you will only be worsening your situation.
- Don’t agree to have any tests conducted: Before your lawyer arrives, the police may take various tests such as chemical tests or any other tests. You may even be required to consent to specific alcohol tests. Refuse to do so without a lawyer, he/she will tell you in case of any potential consequences.
- Don’t agree to be searched: Don’t allow the police officers to conduct any search to your home or property without having a lawyer by your side. Again, don’t allow any collection of DNA or any other sample without your lawyer. If at home, don’t let the police inside your home. Instead, step outside. Not unless the police have an arrest warrant to get into your house and arrest you.