I Believe I'm About to Be Arrested: What do I do?
If you are anticipating being arrested, the bad news is this is only the beginning of your encounter with the justice system. The good news is there are some things you can do during and after the arrest that will put you in the best position possible down the road.
Be Respectful, and Do Not Run or Resist Arrest
Though being arrested can be a very upsetting experience, always be respectful to any law enforcement officers. Never run, and never physically resist. Even if you feel you have been wrongfully arrested, do not resist arrest. This will just result in another criminal charge. Trust your lawyer to sort this out once you two have had a chance to talk.
Don’t Trust Law Enforcement
Although you should be respectful to law enforcement - this does not mean you should trust them. In many cases, law enforcement lead suspects on as though they have the power to decide what happens to them. In truth, they aren’t even the ones who decide whether you are charged with a crime, let alone what crime you might be charged with. Ignore any promises the police try to make. Once you believe you will be placed under arrest, you shouldn’t talk to law enforcement anyway.
Tell the Police You’re Exercising Your Right to Remain Silent, and Refuse to Answer Any Questions Without an Attorney
You’re probably already aware of the Miranda rights that police are required to read you. It is, without exception, in your best interest to exercise your right to remain silent, and right to have an attorney present during any questioning that takes place after you are arrested. What a lot of people don’t know is that you can not exercise the right to remain silent just by remaining silent. Once you have been Mirandized, tell law enforcement, “I am exercising my right to remain silent, and I will not answer any more questions without an attorney present.” From that point on, do not talk, and wait for an attorney to arrive. If you have already discussed the possibility of your arrest with an attorney, be sure to give law enforcement your attorney’s name (and phone number, if you have it).
Do Not Consent to Any Searches
Many arrests happen when someone’s vehicle is pulled over or while they are at home. If this is the case for you, do not allow the police to search your vehicle or your residence. If the arrest takes place at your residence, it is likely the police have an arrest warrant and a warrant to search the premises - that’s a different situation. However, police almost never have a warrant to search your vehicle if they pull you over. There are many factors that affect whether the police are legally able to search for and seize evidence without a proper search warrant. Again, it’s best to deny law enforcement permission to conduct a warrantless search, and let your attorney sort it out. This can have a huge impact on the outcome of your case. Of course, never volunteer any evidence you know to be in your vehicle.
Along these lines, be mindful of where your eyes and hands wander while talking to law enforcement, as this might clue them in to where evidence is located.
To try and prevent any issues with a vehicle search, it’s best practice to never keep things in your car that you don’t want police to find.
Don’t Talk to Cellmates About Your Case
Once you are processed, you may be placed in a holding cell until an attorney arrives (or, if the offense was severe, until a bond hearing). There’s a good chance you will have cellmates. Do not discuss anything regarding your case with your cellmates. There is absolutely nothing that prevent your cellmates from becoming witnesses later due to things you might have told them (in fact, they may see this as an opportunity to get a better deal for themselves in their own legal troubles).
Once Released, Don’t Talk to Anyone Else About Your Case
After you’ve been released, do not talk to anyone else about your case except for your attorney. You may have heard the phrase “attorney-client privilege” before. This privilege prevents communication between you and your attorney from being admissible in court. However, anything you’ve discussed with your attorney that you share with anyone else is no longer protected. Additionally, you should never discuss things on the phone with your attorney if you are in a place where your side of the conversation can be overheard.
If you’re under the age of 18 or are in a situation in which you rely on your parents (including if they are paying for your lawyer) - this includes them.
This is very important in a criminal case, because you can’t be forced to take the stand and testify. Thus, if the state wants any information about “your side of the story,” they must try and find it elsewhere. It may be difficult, because you may have family, friends, and a significant other who care very deeply about you. Understandably, these people will want to know what’s going on during this tough time in your life. Simply thank them for their concern, and explain your attorney advised you not to discuss your case with anybody else.