Being accused of a crime is a traumatic experience that can happen to anyone at any time. Regardless of the nature of the incident, you have a constitutional right to counsel. Unfortunately, law enforcement may take advantage of the time it takes for your lawyer to come to your aid and use their extensive resources to gather a confession, even if you are innocent of any wrongdoing. The steps you can take immediately after your arrest can serve you no matter what crime you’re accused of.
Do Not Speak To The Police
When the police initially make an arrest, they are required to recite your “Miranda Rights,” which is a basic overview of your right to an attorney, and most importantly, your right to remain silent. You have a constitutional right to not willingly incriminate yourself in front of law enforcement or a court of law. That is not to say that an arrest even indicates your guilt, simply put, anything you say or do can and will be used against you. And that means anything. However, the first words that do come out of your mouth should be “I want to call my lawyer.”
There are certain things that are safe to say to the police, such as asking for water or using the restroom. However, once you’re in police custody, they will use various methods to get you to incriminate yourself accidentally. The police are legally allowed to lie and frequently do so in order to get a reaction from you. They may try to persuade you into cooperating with some kind of promise of leniency, but you must simply respond that you would like to speak to your lawyer or are waiting for your lawyer to arrive.
Appearances Matter
During your arrest, you may have an overwhelming amount of emotion that may influence you to act out of character. In the moment, try to remain as calm as possible and use the time to pay attention to your surroundings and remember the events as they’re happening. Although we say to never speak with the police, that doesn’t mean that you should be actively disrespectful. Physically cooperate with them during the arrest, so that they cannot file additional charges for resisting or disorderly conduct.
After Custody
If you are able to post bail and leave police custody, even after talking to your lawyer, do not discuss the case with anyone. Your actions will be observed as though they’re under a microscope and law enforcement may be waiting for further opportunities to find incriminating evidence. Do not post to social media, or brag to friends about your experience.
No matter what crime you’ve been accused of, you deserve effective and experienced legal counsel that will work diligently to get you the best possible outcome. If you or a loved one has been arrested or are under investigation, contact the offices of Charles A. Banker for a consultation, or memorize this telephone number for 24/7 service: (713) 227-4100.
The Law Offices of Charles A. Banker, III
Latest posts by The Law Offices of Charles A. Banker, III (see all)
- When Your Kid Gets in Trouble at School - April 3, 2024
