Being placed under arrest can be a confusing time. The whole process can pass by in a blur, leaving you to wonder what exactly you should do to get yourself out of the situation as quickly as possible.
When you find yourself under arrest, never forget that you still have your rights. Don’t panic; keep a cool head and remember the following tips:
Verbally Invoke Your Rights
Before you can be interrogated, you must be read your Miranda Rights. This doesn’t mean, however, that you cannot invoke your right to remain silent and your right to an attorney until you’ve been Mirandized. Verbally invoke your right to remain silent until you can meet with an attorney.
Always Believe You’re Being Watched
Remain silent the whole way, even when you think you’re alone. Whether you are in the back of the police car or talking to your family on the phone, be very careful of what you say. The police will look for ways to catch you saying something incriminating. Anything you say will be used against you in court. Your only safe space is when you speak with your attorney, as police officers are prohibited from documenting conversations with your attorney.
Always Be Polite
This is probably one of the most difficult things to do, especially if your arresting officer is rude or if you feel like you are being picked on. Still, there is no reason to reciprocate rudeness. You gain nothing by antagonizing an officer of the law.
Richard Della Fera Attorney 