If you find yourself being taken into custody, the moments immediately following the arrest are crucial. Your behavior and words can significantly impact your case. Focus on these four essential actions to protect your rights.
1. Stay Calm and Don’t Resist
Even if you believe the arrest is wrong, do not argue, shout or fight with the arresting officers. Emotional outbursts and physical resistance will only escalate the situation and could lead to additional charges.
2. Invoke Your Right to Remain Silent
The single most powerful tool you have is your right to remain silent. The police may try to engage you in casual conversation or ask seemingly harmless questions. Politely and firmly state:
“I am exercising my right to remain silent.”
Do not say anything else beyond providing your name and basic identifying information. Anything you say can and will be used against you.
3. Demand to Speak With a Lawyer
Know your rights. Do not answer any questions, sign any waivers, or make any statements until an attorney is present. Clearly state your demand for legal counsel.
“I want to speak with an attorney.”
If officers continue to question you, repeat your demand for a lawyer and stay silent.
4. Be Aware of Your Surroundings
While remaining silent, be observant. Take note of the details of the arrest — time, location, number of officers, and anything they say or do. This information can be critical evidence you’ll need to share with your lawyer later to build your case.
Remember, an arrest is a serious and stressful event, but how you handle it can significantly impact the outcome. By remaining calm and being respectful yet firm in asserting your rights — you can prevent the situation from escalating or compromising your future defense.