How To Act During An Arrest

It can be tough to think clearly immediately after an arrest. Many arrestees are scared in regards to the social stigmas, personal consequences, economic effects, legal consequences and the affect of the arrest on their families. Even so, you will need to keep focused and to take the actions required to be sure that all of your rights are guarded. At the time of your arrest, a police officer ought to provide you with your Miranda Rights. These are not only a formality but instead an essential part of your arrest. The Miranda Rights include your right to keep silent. This is a fundamental right grounded in the Fifth Amendment to the U.S. Constitution which protects a person from becoming a witness against themselves in a criminal trial. Though you should identify yourself upon police request by stating your name and address or furnishing your driver’s license or state Identification, you will not be required to answer further questions asked to you by a police officer. However, it is in your best interest to be polite. For instance, you can calmly declare that you will not be answering questions unless you have spoken with your criminal lawyer. Though you are not required to answer the questions asked by police officers, you're required to remain in their custody until your attorney has secured your release or a judge has set a bond which you have met. You should in no way attempt to escape from police custody. This will only compound the charges against you and enhance your chances of staying in jail. Occasionally things go wrong during an arrest. An officer may violate your legal rights or use excessive force, for example. These points can be important in your personal defense and therefore are always essential for the officer’s superiors to become informed of. For these reasons, it is vital that you pay careful attention to everything that occurs throughout your arrest and write it down as soon as you can following your arrest. Witnesses to your arrest can be crucial in this regard and may be in a position to testify about any police misconduct or error that happened during your arrest. Many police cruisers are equipped with video surveillance that can be acquired during the discovery stage of a trial and can be a vital piece of evidence if you are alleging police misconduct or that you simply did not commit the crime at issue. Your criminal defense attorney will help you at the time of your arrest and during your criminal proceedings. After you offer the police your name, address and phone number you aren't obligated to talk with them without your criminal defense lawyer present. Keep in mind, if you cannot afford a criminal attorney then the court will appoint a criminal defense lawyer to your case. Your criminal defense attorney can start helping you as soon as you get in touch with him after your arrest. Your criminal lawyer will help you during police questioning, bail hearings, plea bargaining and all parts of your trial.