Being arrested is a mortifying experience, as most of us don’t expect to be arrested in the course of daily life. Even if you have knowingly committed a crime, you may not know exactly when or how police are going to arrest you, if they arrest you at all.
Even so, it’s important to be able to remain calm and think clearly if you’re under arrest. Despite being arrested under suspicion of committing a crime, you have significant constitutional rights and other protections that need to be respected throughout the duration of your custody.
It’s imperative for you to employ strategies that allow you to protect and utilize your rights if and when you’re ever under arrest. But how exactly are you supposed to use them?
Conditions for Your Arrest
Keep in mind that for, the most part, police officers don’t arrest people arbitrarily. Law enforcement officers will only move to arrest you if they feel confident they have a solid case against you; otherwise, this can cause some significant legal complications. For example, if you’re under suspicion of committing identity theft, it’s very likely that police have significant evidence that you’ve conducted illegal activity related to identity theft.
It’s possible that this is a case of mistaken identity, or that law enforcement officers don’t have as much information as they think. However, you should act and operate under the premise that law enforcement officers have significant evidence against you, and you should be extraordinarily careful in how you conduct yourself from here.
How to Protect Your Rights If You’re Under Arrest
How do you protect your rights and maximize your interests if you’re under arrest?
- Hire a lawyer and trust their advice. First and foremost, you need to hire a criminal defense lawyer as soon as possible. Insist on hiring a lawyer and insist on not answering questions until you have one. Once you have a lawyer in place, trust their advice and follow it to the best of your ability. Your lawyer is going to be your most important resource throughout this process, as they have the knowledge and experience necessary to get you the most favorable outcome. Your lawyer is also going to serve as your first line of defense in defending your rights; they’ll step in proactively if you’re not being treated adequately by the police.
- Learn and understand your rights. Most people loosely understand their “Miranda rights,” which is shorthand for a list of provisions that must be read to you if and when you’re placed under arrest. However, you may not understand the full extent of these rights or how to use them in your favor. We’re integrating many of these rights in the strategies on this list, but you should also separately understand the Miranda warning and be able to wield it in your favor, even if it’s not read directly to you.
- Remain silent. One of the first rights on that list is the right to remain silent, which you should exercise liberally. Aside from basic personally identifying information, like your name and address, you are under no obligation to provide information to the police. You don’t need to answer their questions, nor should you, and you certainly shouldn’t volunteer any details. Silence might be uncomfortable, but it’s the best way to make sure you’re treated fairly in criminal proceedings. Remember that the police can and will lie to you, so only answer questions if directed to do so by an attorney.
- Do not lie. If, for some reason, you feel the compelling urge to ignore our previous advice, make sure you do not lie to the police. This can greatly complicate matters in your case, making you look guilty and potentially even introducing new crimes for which you can be prosecuted.
- Be polite and compliant. There is no reason to be argumentative or combative with police officers, even if they’re treating you disrespectfully. You’re only going to make matters worse if you put up a fight or act like a jerk. You’ll have ample time and opportunity to raise a defense throughout your criminal proceedings, so when interacting with officers, simply remain polite and compliant.
- Do not consent to searches. Police officers have the right to conduct searches even without consent in certain cases. However, you should never voluntarily give consent to search.
- Ask if you are free to leave. If you are formally arrested or detained, you are legally prohibited from leaving on your own volition. However, you can always ask if you’re free to leave to determine whether you’re being arrested or detained.
- Insist upon your rights if necessary. If enforcement officers aren’t respecting your rights, insist upon them. For example, you can keep asking for a criminal defense attorney until you get one.
- Keep records. Remember as much detail as possible about your arrest, and jot down notes when you have the opportunity. Keep records of any unfair treatment you’ve sustained.
Although it’s difficult to keep a clear head under such stressful and uncertain circumstances, you need to make a proactive effort to remain in control of your emotions. If you can think logically about this matter and employ these strategies deliberately and effectively, you can exercise your rights consistently and ultimately get a more favorable outcome in your case.
