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.
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 Austin 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!