What To Do When Arrested
I Have Just Been Arrested. What Do I Do Now?
Take These 5 Steps When Being Arrested:
- Be Polite & Compliant
- Never Resist Arrest (Follow the Officer’s Instructions)
- Do NOT discuss ANY Facts of the Case
- Comply Now, Grieve Later (even if mistreated)
- Call Your Lawyer when permitted
Upon being arrested, always be Polite and Compliant. Be Cooperative by following the Officer’s every Instruction. You may feel that you were treated improperly. And that may very well be true. However, remain calm. Comply now and Grieve later, once you have been processed and released. It’s at that point, that you may contact an attorney. That’s when you can share what went wrong with your arrest, or why you believe yourself to be innocent. Your lawyer can resolve that issue. Never fight with Officer’s or resist arrest. That’s never a good idea. Let your lawyer earn their keep by taking it up with the Courts. You will not win by fighting with cops on the street.
How Cooperative Should I Be With Police Once Arrested?
Very. Cooperation and Compliance mean that you are going to show respect and follow the rules, protocols, and procedures that the Officer outlines for you. You can end up with additional charges if you try to resist arrest or otherwise interfere with the arrest process.
Should I Talk To The Police Once Arrested?
Beyond providing basic pedigree information to the police such as your name, number, and address, you should NOT give ANY further information. Do NOT make any statements about the facts of your case. Just say you would like to defer to your attorney concerning the specifics of your case (date, time, place, who did what, when, how, why). Avoid any of that. In over two decades of practice, I have never, ever seen or heard of a cop saying: “Got it, that makes sense, you can go now.” It just doesn’t happen. Stay Quiet.
What Will Happen At The Police Precinct After My Arrest?
Once you are arrested, you will be brought to the police precinct. The Officer will process the arrest there, by taking a Mug Shot and Finger Prints. Again, be compliant. Beyond background information, such as your name, address, and phone number, you are to provide no further information. There should be no discussion about the facts of the case. It is important to remain calm in the precinct and either alert a family member or directly contact an attorney by phone.
Who Decides What Crimes I Am Charged With After My Arrest?
The police will recommend what crime or crimes you should be charged with. A prosecutor will review the recommendation, and lodge charges against you — consistent with the facts of the case. Thereafter, your lawyer will review the charges and see whether enough facts exist to sustain the charges, or whether they should make a Motion to Dismiss. Just because the case starts off as once charge, doesn’t mean that charge will remain.
When Will I See A Judge, And What Happens When I Do?
You are required to be brought before a Judge within 24 hours of your arrest. This is called an Arraignment. At that time, you will be informed of the criminal charges you are facing, and enter a plea of Not Guilty. The prosecutor will be present, your lawyer will be present, and the Judge will preside over the proceeding.
The Judge will make a decision on whether to release you, detain you, or to set bail. In doing so, the Judge considers a number of factors.
Will A Judge Release Me After I Am Arrested?
The Judge will make a decision to release you, detain you, or to set bail based upon many factors. These include: the severity of the case; the amount of time you would be facing based upon a conviction; your standing in the community; how long you’ve resided at a particular location; your employment history; and whether or not you are at risk to fail to return to court. Your attorney’s job is to keep bail at its most reasonable and minimal amount.
Upon posting bail, you will be released. It’s much easier and far less stressful, to fight any criminal charges when not in jail.
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