The actual process of being arrested can be terrifying, even if it is not your first arrest. Being faced with the apparatus of the law can be intimidating, and police want it to be this way. There are things that you can do that could actually make your situation worse. Here is what to do when you have been arrested.
When police are in the process of arresting you, be cooperative and follow what they say. Otherwise, they may have grounds to add more charges against you. Do not argue with them or try to persuade them of anything because it may only make things worse. At the same time, do not let them search anything when they ask. If they are requesting permission for a search, chances are that they do not have independent grounds that would stand up in court. However, if you consent to a search, that gives them all the permission that they need.
While being arrested is an undoubtedly stressful experience, you should pay attention to what is going on around you. What happens during your arrest could be key facts for your case as you look to build a defense. Police could do things that violate your rights that could be grounds to dismiss your claim. Keep an eye and ear out for everything going on, and be prepared to tell your lawyer about it. Try to keep your wits about you during this process, even when you are understandably scared.
Police may try to question you to begin building their case. They are not doing this to see if they arrested the right person. Instead, they are trying to gather evidence that they can use to try and convict you. Defendants should not make it that easy for law enforcement. You are under no obligation to speak with the police and answer their questions. You can politely state you would like to remain silent and refer them to the criminal defense lawyer that you hire. When you have a lawyer, police cannot even try to question you without your lawyer present, assuming that you have requested one.
While you have legal rights, it is hard to work to protect them on your own. Even if you speak up, the police may not listen to you. Plus, you may not know how to access the court system to file emergency motions. The average defendant is worried about their legal predicament, and they are not in a position to assist themselves.
An attorney will be both your guide to the legal process and your defender. They will quickly learn the facts of your situation and explain your legal options to you. Without them, you are at risk of having your constitutional rights violated, with little you can do about it.
If you have been arrested and charged with a crime, you need legal help now. Call the attorneys at The Van Den Heuvel Law Office at 616-698-0000 or contact us online to schedule your free initial consultation.
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