Getting arrested can be a stressful and traumatic situation for anyone. Whether the arrest comes as a surprise or not, you may be feeling unsure of what you should and should not do to protect your rights. Although law enforcement will guide the process, there are some things you must do in order to ensure the best possible results for your case. Whether you feel you are innocent or not, speaking to the police can cause problems later. It is best to speak to a knowledgeable criminal defense attorney as soon as possible.
Remain Silent
One of your constitutional rights is the right to remain silent. This means that you are allowed to decide not to speak to law enforcement. The police will read you the Miranda warnings before they begin any questioning. It is almost always in your best interest not to answer questions or talk to police about the incident unless and until you have consulted with your attorney.
Provide Identification
The police have the authority to request identification from you. If you fail to provide identification, the police could charge you with obstruction. If you give a false identity to the police, you could also face charges. Remember that law enforcement will learn your identity one way or the other. Therefore, it is in your best interest to cooperate with the police during the interaction. If you don’t have a driver’s license or other suitable ID, you may provide your full name and date of birth to the officer.
Request to Speak to an Attorney
If you are being questioned by the police, it is your right to request an attorney. The police will want to try to get you to answer questions about the situation, but you should invoke your right to remain silent and request an attorney. Although this may not seem like the most convenient way to handle the matter, you are within your rights to seek legal counsel before you proceed with the process. When you invoke your right, the police should immediately stop all questioning.
Avoid Making Statements
It is important to know that anything you say can be used against you in court. This includes any statements you make. Sometimes a person feels that they can explain themselves to get out of a particular problem. Unfortunately, talking can actually hurt your case. If you wish to make a statement, do so only after you have spoken with your lawyer and with your attorney present. Your attorney will help you answer questions while also making sure that you don’t make the situation worse.
Talk to A Criminal Defense Attorney
It is advisable to speak to a criminal defense attorney after your arrest. Your lawyer will protect your rights and help you navigate the legal system. Whether this is the first time you were ever arrested or you have been arrested in the past, an attorney works on your behalf to try to resolve the matter as favorably as possible. Your attorney may be present with you when you talk to the police after your arrest.
To get the legal help you need, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/miranda_warning
Image Credit:
https://www.freeimages.com/photo/police-officer-searching-man-1924203
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