Getting arrested can be an overwhelming and intimidating experience. However, knowing your rights and understanding the steps you should take can make a significant difference in protecting yourself and your legal interests. Here’s a guide to help you navigate this challenging situation.
1. Stay Calm and Composed
When you’re arrested, it’s critical to remain calm. Any aggressive behavior or resistance can escalate the situation and may lead to additional charges. Stay polite and cooperative with law enforcement officers. The time to argue is in Court, not at the scene.
2. Remember Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. Politely inform the officers that you choose to exercise this right. Refrain from answering any questions or making statements without an attorney present, as anything you say can be used against you in court.
3. Request Legal Representation
You have the right to an attorney, and it’s important to ask for one as soon as possible. Do not discuss your case with the police or anyone else until you’ve consulted with your lawyer. An experienced criminal defense attorney can guide you through the legal process and help build a strong defense.
4. Make Use of Your Phone Call
At the earliest possible time allowed, it is important to make a call to your lawyer, or if you haven’t retained a lawyer yet, then to a lawyer you intend to hire. If your phone call has limited time, it is important to get the crucial information to the lawyer such as your name, where you’re being held, and how to get in touch with your family. From there that lawyer can make arrangements for payment, visit you, and ultimately take your case. If you’re ever in this situation, call The Hartley Law Firm at 816-451-0909 (it can’t hurt to memorize that phone number, just in case!).
5. Prepare for the Booking Process
Once you’re formally placed under arrest, you will be taken into police custody and booked. The booking process usually includes having your photograph and fingerprints taken after being searched for any contraband. Officers might ask you about your employment history or your criminal history, however, it’s important to remember that you still have the right to remain silent and you do not have to answer any of their questions.
6. Avoid Discussing Your Case with Anyone Except Your Lawyer
Whether in jail or with friends or family, avoid discussing the details of your case. Conversations in jail are often monitored, and anything you say could be used as evidence against you. Every phone call and every video chat that comes in and out of the jails is monitored and recorded. Furthermore, jail-house snitches are a real thing and they will do anything to get information from those around them to use in their own plea negotiations.
7. Bail, Bond, and Release
Depending on the nature of the crime alleged or the charges that are filed against you, you might be booked and immediately released or you might have to spend time in jail. If you are released immediately, remember to contact your lawyer and let them know as soon as you’re released. If you have to spend time in jail, your time is best spent preparing for your bond hearing. This will be one of the first appearances you have in Court and it is your opportunity to ask the Judge to reduce your bond so that you can be released from custody. A skilled criminal defense attorney can aid you in this process and significantly increase your chances of pretrial release. So, when you’re placed in the jail cell for the first time, get to work compiling mitigating information
8. Stay in Touch with Your Lawyer
Your lawyer is your best resource in navigating the criminal justice system. It is important to stay in touch with them so that you can strategize and formulate your defense. Make sure you appear at all of your court dates and stay honest and communicative with your lawyer.
Final Thoughts
An arrest is a serious matter, but understanding your rights and acting strategically can help you manage the situation effectively. The Hartley Law Firm in Kansas City is here to provide skilled legal representation and support during this challenging time. Our experienced criminal defense attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case.
If you or a loved one has been arrested, contact The Hartley Law Firm today for a consultation. Remember, the sooner you have legal representation, the stronger your defense will be.