5 Things to Know If Arrested
Jan 25, 2016
Usually, police make arrests under two scenarios: (1) the suspect has been the target of an ongoing police investigation for some time, or (2) the arrest is based on a random stop, and the police have no idea of any criminal activity. Regardless of how a person gets into the situation, the rights of the accused, and what people should know does not change.
One: You have the absolute right to remain silent.
Use it! BUT you have to actually TELL the police that you are choosing to remain silent. It has been my experience that although people have the right to remain silent, they often lack the ability. Most of the evidence the police gather against the accused person comes straight from their own mouths. If you remain silent, they cannot use what you say against you. In short, shut up!
Two: You have the right to an attorney.
Use it! From the moment of arrest, you have the right to counsel, BUT you have to ASK for an attorney. The police can only ask you questions if you give up your right to a lawyer. If you ask for an attorney, the police CANNOT continue to ask you questions. The ONLY thing you should say to the police is that you want an attorney, and then, as discussed in the first comment, shut up!
Three: The police can and will lie to you about the evidence they have against you.
They often tell suspects that the evidence is overwhelming and it will go easier if they just confess. This is simply not true. Use your head. If the police have arrested you and tell you that they have fingerprints, or the evidence is overwhelming, then they do not need your confession. See comments one and two and let the police prove their case at trial.
Four: You cannot talk your way out of trouble.
The police have years of training an experience in interrogation techniques. They are trained to get information out of suspects, and everything you say will be used against you. The less you say the better off you will be. So, see comments one and two.
Five: You are going to jail for the night.
Regardless of what you are told, you are likely spending a few nights in jail. It is unavoidable. So, stay silent and ask for a lawyer. In short, see comments one and two.
Follow these simple steps and help your lawyer help you: Tell the police you are not going to talk, you want an attorney, and then shut up!
Robert S. Williams