An arrest may trigger mixed feelings for a suspect. Many people are caught off-guard, and this element of surprise can be distressing and unsettling. Unfortunately, what the defendant does from that moment on may affect the case.
If you’re in this predicament, you must enforce your legal rights, whether you’re guilty or innocent. You have constitutional rights and can use them to protect yourself and get a favorable outcome. Ensure you do the following after an arrest.
Allow the Arrest to Take Place
When the police are about to arrest you, you may think of running off, fighting them off, or screaming. The reactions are common and vary depending on the individual and the situation, but they are unnecessary. If anything, they complicate the case as the police see resistance as a crime, which may cause unrest.
Rather than making deliberate movements or yelling at the officers, calm down and let them arrest you.
During an arrest, the officers read Miranda rights, which tell you to remain silent. Whether you are guilty or not, do not discuss anything with the police. You can only talk when sharing basic information like your name and home address.
If you decide to talk too much, you may divulge information that the law enforcers may use against you in the trial. The only way to avoid self-incrimination is to stay quiet until you get legal representation. Adhere to this tip even when you are innocent.
Deny a Search Without a Warrant
Sometimes, the police may attempt to search you, your home, or your car during the arrest. Do not consent unless the officers provide a search warrant.
If they don’t have a warrant, you may raise your voice to say you don’t consent. Make sure bystanders hear your voice. When the police do an illegal search, all the evidence they acquire may not be acceptable as evidence in court.
Withhold an Admission
The police officers can sometimes be intimidating, and when they offer leniency for your cooperation, you may think of taking the deal. But you should not cooperate, no matter how enticing the offer may be.
Officers do not control the charges, prosecution procedure, or determine the sentence. Perhaps they want you to talk so they can use the information later. If you admit to doing the offense, things may not work in your favor during the trial. So, stay silent until you get a lawyer.
Hire Legal Representation
Many suspects end up in jail because they didn’t seek legal representation after an arrest. Unless you understand the ins and outs of criminal law, you shouldn’t think the judge will give a ruling in your favor, even if you are innocent. Minor mistakes can complicate the case, and you may end up in prison.
Since every suspect is innocent unless proven guilty, you should get a lawyer to prepare your defense and represent you in court. After studying the case, the attorney will determine the best strategy to get you a favorable outcome.
The lawyer can also coach you before the trial to ensure you don’t say anything that could implicate you. Criminal charges may attract a financial penalty or carry a jail sentence, so get legal help since your freedom and money are on the line.
While law enforcement has more resources and can arrest you anytime, you aren’t powerless. Follow the tips mentioned above and get a seasoned criminal attorney to help with the defense and protect your rights.
At Daniels, Long & Pinsel, LLC, we can offer legal representation after an arrest and help you reclaim your freedom or get the best outcome depending on the crime. We will fight for your rights throughout, regardless of the unproven crime. Call us today for a consultation.