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How should I act if I am arrested?

On Behalf of | Jun 12, 2023 | Criminal Defense |

Being placed under arrest is something you never thought could happen to you, and if you find yourself in this situation you may feel overwhelmed and unsure of how to act.

This is understandable, since being arrested can be a traumatic experience for many people. The most important thing to remember if you are placed under arrest is that you have a right to remain silent.

Say nothing, aside from your name or basic information if asked. Do not apologize or try to be friendly with the police officers. An apology could be taken as an admission of guilt and being nice will get you nowhere.

When can I be placed under arrest?

You can only be placed under arrest if a police officer has probable cause to believe you committed a crime or sees you commit a crime. You can also be arrested if there is a warrant out for your arrest, but the warrant must be supported by probable cause.

While it could be an unconstitutional arrest and a violation of your rights, the time to fight the criminal charge is not during the arrest itself. All that will likely happen is that you will receive an additional charge of resisting arrest.

If your initial arrest was unlawful, you do not want to add on a legitimate charge of resisting arrest. Do what the officers tell you and remember to remain silent.

Your Miranda rights

The officers should read you your Miranda rights, where they will officially inform you of your right to remain silent and talk to an attorney. Assert these rights. The only thing you should say is that you would like to talk to an attorney.

An arrest is often a stressful experience. After your arrest, getting advice on your case and learning what to expect can increase your chance of receiving the best possible results.


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