8 Smart Moves if You Are Arrested and Charged with a Crime
Being arrested and charged with a crime can be very stressful. Not everyone can think clearly after being handcuffed and treated like a criminal. But even if you are scared and nervous, you must remain focused to ensure you are not doing anything to hurt your case.
There are several things you can do to ensure your rights are protected, and your lawyer can present the best defense possible.
1. Identify Yourself and Cooperate
Police officers don’t have the right to question you during an arrest, but the law requires you to state your name and address or provide your state ID or driver’s license. Any other question they may ask, you are not required to answer. If the officers insist, you can tell them that you will answer their questions after you have talked to your lawyer. Cooperating does not mean answering questions but rather refraining from resisting any part of the arrest, providing your personal information, and being polite.
2. Don’t Panic, Stay Calm
An arrest can be a very emotionally charged event. Any move, even if it’s caused by fear or nervousness, can be misinterpreted. Make an effort to stay calm. Listen to what the officers are saying and do your best to comply. Remain silent and be respectful because even the most insignificant gesture can be construed as an attempt to resist arrest and used to justify the use of force. Typically, the calmer you are, the calmer the police officers will be.
3. Try to Remember Everything That Happened During The Arrest
If an officer commits a violation during the arrest, this could play to your advantage. Pay attention to all the circumstances of your arrest, what was said, how you were treated, whether there were any witnesses. Footage from surveillance video or police car cameras could also be used to back up your story. And as you may be on camera too, remember to be on your best behavior.
4. Remain Silent
Under the Fifth Amendment, you have the right to remain silent. More importantly, you may unknowingly make self-incriminating statements in your discussions with police officers. To avoid these problems, don’t say anything beyond what the law requires from you. Don’t wait for officers to tell you about your rights; keep quiet from the beginning.
5. Ask About The Charges Against You
Police officers are required to tell you why you are being arrested. So, if you don’t know, you should ask. You may also ask them for their name and badge number. There is no federal statute requiring police to identify themselves, but it is encouraged by the authorities in many jurisdictions.
6. Contact Your Lawyer
After you are booked, you will have the opportunity to make a limited number of phone calls. Call your lawyer first. He or she should be informed immediately about your arrest. Sometimes, your lawyer can discover a violation that renders your arrest illegal. So, even if you think you know what’s going on, trust your lawyer because they certainly know better.
If you don’t have a criminal defense lawyer, try to find the most experienced one you can afford. Look for someone with a stellar track record and who has experience with charges similar to those you are facing.
7. Keep Track of Events and Potential Evidence
When you are charged with a crime, things can happen very fast, and you are likely to forget many important details. While the memories are still fresh in your mind, make notes about everything that happened before, during, and after the arrest. Write down the names of potential witnesses who could back up your story. Make a list of documents, surveillance videos, and text messages that could be used as evidence to support your claims. This information could be invaluable for your defense.
8. Talk to No One Other Than Your Lawyer About Your Case
The only person you should discuss your case with is your lawyer. Even if you trust someone, they may share what you told them with another person, and eventually, the police could find out. You should be especially mistrustful of other inmates, who may be working for prosecutors and trying to get information from you.
Criminal charges can lead to years in jail, and a criminal conviction on your record can make it hard for you to find a job in the future. If you have been charged with a crime, you should contact an experienced criminal defense attorney as soon as possible. A lawyer with the right credentials and experience can protect your rights and devise a bulletproof legal strategy for your defense.