Being arrested can be traumatizing, especially if it’s the first time. The first priority is not to make matters worse. Everyone is guaranteed rights under the Constitution. Know what those rights are.
The Most Important Things to Remember if Arrested
* Stay calm. Resisting arrest will only add more charges. If an arresting officer was injured while fighting with you, that is felony battery with a penalty of 3-15 years.
* The Fifth Amendment right against self-incrimination is the most important and valuable right that someone has when they are arrested. No one is obligated to do the work of the police for them. Stay silent. Don’t chat. Don’t explain. Don’t claim innocence. It won’t work, and no one cares.
* When were the Miranda rights read? Were they read completely? When the police say that anything said will be used against you, they mean it.
* Request an attorney immediately. Once someone asks for their
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* the police are not allowed to ask questions until the attorney is present. Everyone has an absolute right to an attorney. If the request is denied, then that person’s rights have been violated.
Vehicle Searches
* When someone is arrested while driving, the police may or may not have the right to search the vehicle without a warrant. Speeding or driving with a broken tail light is not sufficient reason to search the vehicle unless they see or smell something illegal. If they ask to search, politely refuse. Remember every detail to tell your lawyer. If an illegal search found incriminating evidence, the evidence could not be used in court.
At the Jail
* If an attorney was not requested at first, an attorney could still be asked for at any time. Any questioning must stop until the lawyer arrives.
* Was there any abusive treatment? Regardless of the charges, beatings, sleep deprivation or other inhumane treatment could mean that the prisoner’s rights were violated.
* Everyone is innocent until they are convicted and may not be treated as if they were guilty. Check with an attorney to find out if the treatment was a rights violation.
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