Many probable causes will warrant an arrest by the authorities. It could be that a person was seen robbing or assaulting another individual in public. And it could be because someone was caught selling drugs to minors. Or it could be that a motorist ran from driving under the influence or a DUI charge.
But while there are truly guilty individuals that need to be arrested by the police, there are also people who were just caught at the wrong place at the wrong time. Arrests can only take place when an officer catches a criminal in the act, has an arrest warrant, or if there is reason to believe that an individual has committed a crime.
So, if you don’t think that you’ve done anything to warrant an arrest, then there are some things that you should remember not to do. That’s because forgetting any of these can only implicate your situation further. That said, here are three things that you should never do if you’re under arrest:
It’s understandable that when you’re facing an imminent arrest situation, your fight or flight instincts will kick in. You’ll either have the urge to resist arrest or flee from the scene to evade the circumstances, but doing so can only make things worse for you. That’s why you shouldn’t resist the arrest, even if you believe that you haven’t done anything to warrant it.
Additionally, resisting arrest can be considered a misdemeanor or felony that is punishable by fines and up to a year in jail, so you shouldn’t even think about it if you find yourself in such a situation. It’s normal to feel scared in an arrest situation, but you have to do your best to control your heightened emotions during it.
That’s why even if you’ve been wrongly accused or arrested, you should still try to follow what the officers are telling you as they give you the Miranda warning. But just because you’re following their orders doesn’t mean you should go in blind—take note of their names, badges, and patrol car numbers. This way, if your rights are violated in any way, you can take the appropriate measures to get the justice you deserve.
If you’re in custody, immediately say that you wish to remain silent until your lawyer is with you. This is because anything you say can and will be used against you in a court of law, so it will always be better to contact your legal representative first. For instance, if you know a criminal defense attorney who can represent you, you should call them.
However, if you don’t have a private lawyer or can’t afford one, the court is legally obligated to appoint you with a public defender than can handle your case. The most important thing to remember is that you should never sign any waivers because you may be signing away your rights without your knowledge.
The only person you should talk to after your arrest is your lawyer. Not your friends and family that could be wondering where you are, not the police officers in proximity to your cell, and not even the other inmates that could pry you with incriminating information that they can sell off to the police in exchange for a better deal.
Once you’ve contacted your lawyer and invoked your rights, the best solution would be to wait until your lawyer approaches you with a plan. You may be given a chance to call your family, but keep in mind that all your calls can be recorded, unless it’s to your lawyer, so don’t mention anything that can be used against you.
You may think that if you talk and explain the situation to the police without consulting a lawyer first, the charges against you will just go away. But sadly, that’s not the way it works. You’ll need an experienced attorney to guide you through the criminal justice system because it’s tricky and complex.
Of course, you’ll have the chance to prove your innocence and fight against injustice, but that’s only if you can cooperate with your attorney. So do your best to recall the events that gave probable causes that led to an arrest and establish a credible alibi that can prove your whereabouts on the said day.
You can only get out of this sticky situation by remembering the three things you shouldn’t do. Granted, being under arrest for something you didn’t do or didn’t know you did can induce panic but try your best not to be overwhelmed. Besides, you’ll need a clear head if you want to get out of this unscathed.