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March 17, 2021In 2019, police made more than 10 million arrests. This number is down from a high of almost 15 million in 1990, but with millions of people being arrested, it is possible that some may be arrested without having an awareness of what to expect during the process. This guide offers five things you need to know if you are arrested.
Remain Silent
You may have heard the phrase “You have the right to remain silent.” That is a very important right, because anything that you say can be used against you if you are charged with a crime.
While you may be staring at arrest and would want to speak out of fear, it is best that you stay calm and ask for a criminal defense in LA. Do not talk to the police officers without your legal counsel. Once the lawyer is there with you, this information can be communicated to him or her and they in turn can let the police know. This is the normal process of how things should work out. If you panic and start blurting names out, the same will be used against you when the state is building its case.
Although the officer who arrests you may be aware of your rights, they may also try to get you to talk. This dialogue may happen when you are in the cop car or while you are being booked. It is important not to be fooled by these casual settings. The police car is likely recording sound and video, and any information you give can be used against you later. The best strategy is to remain silent.
Always Remain Polite and Never Resist
An arrest can feel like a violation of your rights. In many cases, you may have just grounds for pursuing a case against the police for an unfair arrest. However, the time to make a case for being treated unfairly is not while you are being arrested. Even if you feel the arrest is unfair, remain polite and do not resist arrest.
What you should do if you feel you have been treated unfairly during an arrest is follow these guidelines from the ACLU:
- When you are able to, write down all the information that you have available to you, including badge numbers and patrol car numbers.
- Focus on the specific agency that the officers arresting you represent.
- After your arrest, you can file complaints with the internal affairs division or complaint board.
Do Not Imply Anyone Else Is Responsible
If you are innocent of the crime, but you also have solid information about who may have committed the crime, you should not inform the arresting officers. While you may be trying to help and clear your name, this evidence may only be used to claim that you clearly knew something about the crime and deserve to have charges brought against you. Offer no potential suspects.
Be Prepared for Bail or Bond
When you are arrested, you will typically be given an amount of money that you have to pay in order for you to exit the jail while you wait on your trial. This bail can be paid by you upfront, if you have the money to do so, or it can be paid by family or friends.
If you do not have the money to pay your bail, you may need the help of a bail bond company. Bond companies require you to pay 10% of the bail, and the bond company will be responsible for the remainder of the bail amount. Having an experienced attorney can help you get your bail reduced or even eliminated.
Know That You Are Entitled to a Lawyer
The process of getting arrested involves the police officers trying to prove that you did something wrong. Whenever you speak without a lawyer present, you are unknowingly giving them the right to use your words against you.
Instead of speaking to the arresting officers by yourself, instead choose to obtain a lawyer. When you are arrested, your Miranda Rights should be read to you to notify you that you have the right to choose one.
If you cannot afford an attorney, you are still entitled to the protection of a lawyer if you are being charged with a crime. You can visit this website to speak to an attorney about developing a criminal defense strategy.
About the Author
Cheryl Roy has built a successful legal career over the years. However, she wanted to reach out to people beyond her practice and decided to do so by writing. Cheryl took it as a personal mission to make legal information more accessible to the public. Therefore, she started sharing her expertise with individuals and businesses facing a legal dilemma. Now she has branched out to many online and offline platforms and works as a collaborative editor for Bader Scott Injury Lawyers.