Any time you are arrested, whether it was the first time or the fourth time, it is a scary and overwhelming experience. It is often that your mind will race with questions like “why” and “how.” You should not feel alone, which is what most police officers may end up making you feel like.
You are bombarded with questions and accusations, and then your rights are read to you. Listen carefully to those Miranda Rights being read to you because it is imperative that the moment you can ask for a criminal attorney, you should.
This article will offer you practical advice if you are arrested, what your criminal attorney will advise you to do, and how to make the situation as stress-free as possible. Remember, just because you are handcuffed and treated like a criminal does not mean you are one.
Do Not Talk to Police Until Your Criminal Attorney Arrives
Your criminal attorney will continue to remind you of your rights through this whole process; you need to remind yourself that you are entitled to legal representation granted to you by the U.S. Constitution.
Be aware that the police officers are only doing their jobs, which is to create a stressful enough situation that results in a suspect confessing just to be able to end the interrogation.
Your criminal attorney will advise you not to discuss anything with the police unless your criminal attorney is present in the room with you. Police officers, as part of their job, are permitted to lie in order to obtain necessary information pertinent to the case.
Regardless if you committed a crime or not, you are still given the right to a trial, to remain silent, and be represented by a criminal attorney. Police officers are merely the first step in the criminal justice process and they cannot make deals. If a deal is offered to you or evidence somehow “appears” that makes you look guilty, chances are the police are lying to you.
Be Respectful and Cooperative
Even though your criminal attorney will continue to remind you of all the rights you have, one of those rights is not to be rude or uncooperative. Your behavior, good and bad, can be used in your trial or conveyed to the district attorney that is in charge of preparing a plea deal. Any negative or uncooperative behavior will be used against you.
Remember the police officers are simply doing their job. Their actions are not personal, they are a result of training and job objectives. Your criminal attorney will encourage you to focus on your court case, let the police do their job, and concentrate on your defense,
Being uncooperative can lead to additional trouble and charges as well. The last thing you want is a resisting arrest charge or assault on a peace officer charge. Follow directions, remain silent, and wait for your criminal attorney.
You Have a Right to an Attorney (And You Need One!)
Not only does the sixth amendment grant you the Constitutional Right to a criminal attorney, but this law was reaffirmed in a U.S. Supreme Court case titled Gideon v. Wainwright. Do not let the police, or anyone else, tell you that the situation is easier if you talk to them by yourself.
Police officers tend to use the tactic of making the arrest seem like a casual occurrence, a blip in their day when really they are trying to relax you so you feel safe talking. Common statements they will make include “let’s just get this out of the way so you can get home, just tell me what happened” or, “only guilty people ask for an attorney, are you sure you want a criminal attorney?”
If any of these tactics are used on you, remain respectful, but firm, and continue to ask for your criminal attorney.
The most important steps if you get arrested, which are discussed in detail above, are (1) Ask for a criminal attorney immediately; (2) Remain silent until your attorney is with you; and (3) Be respectful and cooperative. Following these steps will ensure a great start to your defense.
Request an appointment here: http://www.deanpricelaw.com or call Dean Price Law at (417) 865-2181 for an appointment in our Springfield office.
NOTE: This blog is for informational purposes only and does not constitute legal advice.