Three Tips to Follow When You Are Arrested
Posted on Feb 2, 2017 1:10am PST
Being arrested is confusing and intimidating experience that leads to lots
of stress and confusion, especially for those who have never had a run-in
with the law before. If you are being placed under arrest, you may not
know what to do or what you can do without getting into trouble. However,
if you remember and follow these simple tips, you’ll find that the
process becomes simpler and you give yourself the best possible start
for a successful defense.
Stay Calm
You might feel a panic attack coming on if you’re placed under arrest,
but take a deep breath, count to ten, and slow down for a moment to analyze
the situation. Panicking isn’t going to make things better, in fact
it’s more likely to make the police treat you worse and cause you
to make a mistake that could jeopardize your ability to defend yourself.
Calm down, be polite and courteous, focus on the task at hand, and treat
the officers how you wish to be treated. Believe it or not, this
can have an impact on the treatment you also receive from the prosecution
in your case as well as your arresting officers.
Don’t Consent to a Search
Just because you’re placed under arrest doesn’t mean law enforcement
can simply search everything you own at will. They are still required
to get a search warrant signed off by a judge or get your permission to
conduct the search. If you have any evidence that law enforcement may
use to try and incriminate you, do
not consent to the search. Believe it or not, most of the time officers won’t
even bother to go get the warrant to conduct the search because they don’t
know if they can fully-justify it before a judge in order to obtain the
warrant anyway. Also, remember that this does
not apply to searches of your person—before you’re placed into
a holding cell, you’ll be searched regardless of whether you give
your consent.
Know Your Rights
When you are arrested, law enforcement must read you your Miranda rights
before subjecting you to any questioning. These rights are pivotal for
your defense, and you should absolutely use them to their fullest extent.
You have the right to remain silent, which means you don’t have
to answer any of the questions officers subject you to in order to avoid
incriminating yourself. Even if you’re completely innocent, don’t
answer questions, as they can be used against you. Second, you have the
right to an attorney; you may refuse to answer questions until you’ve
consulted with a Corpus Christi criminal defense lawyer who can stand
by your side throughout questioning and guide you through the process.
Reach out to The Law Offices of Alex R. Hernandez, Jr. PLLC today by calling
(888) 907-8994 and request a
case evaluation!