 DO NOT MAKE ANY STATEMENT OR ANSWER ANY QUESTIONS,
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Be polite and respectful, even if the arresting officer is not. Do not try to | |
| resistarrest, even if you feel you are being wrongly or mistakenly arrested. |
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DO NOT CONSENT TO A SEARCH. If you have been arrested, the police | |
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officers may already have the right to search you and the area immediately
around you. Police may have obtained a search warrant which gives them permission to search any person or place listed in the warrant. If an officer chooses to search
you, do not attempt to physically stop him. However, whether
you have been arrested or not, if an officer asks your permissionto search-
"You wouldn't mind if I took a look in your car would you?", politely decline
to give permission for the officer to search.
You may feel that
refusing to consent to a search will make you appear more "guilty" or to have
"something to hide", but in most cases "looking guilty" will not contribute to your conviction in a criminal case. Any evidence that the officer finds in a search usually will. DO NOT CONSENT TO A SEARCH, even if you think the officer is going to search anyway. Sometimes in that situation you may conclude that if the officer plans to search anyway, that it will help you to appear more cooperative if you just grant consent to search. But once you have consented to a search, you have in most cases waived any challenge to the officer's authority to conduct the search that your attorney might have later been able to raise. Even if it appears to frustrate or anger the officer, do not consent to a search. It probably won't keep him from conducting a search, but by refusing to consent you will keep the burden on the prosecution to prove that there was a legal basis for the search before the evidence can be used against you in court. |
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Understand that you have the right to remain silent and everything you say can | |
| be used against you. EXERCISE YOUR RIGHT TO REMAIN
SILENT, unless your attorney says otherwise. If you have been arrested there is a good chance you will be nervous, scared and/or confused. Sometimes in that state of mind, an arresting officer may attempt to scare you with threats of more serious charges or threats to arrest a family member or loved one if you don't "cooperate". Sometimes an officer will tell you that you will "make it easier on yourself" if you just admit your guilt. In either of these situations, it is extremely unlikely that making a statement will keep the police from arresting someone else that they had intended to arrest or that it will change your own situation significantly. Remember, you will have every opportunity to cooperate with police in dealing with your case if you choose to, but it is important to talk to a lawyer before you attempt to do so. |
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Ask to have a lawyer present during any questioning by the police. You have a | |
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right to an attorney before and during any questioning. EXERCISE YOUR
RIGHT TO AN ATTORNEY. If you can not afford to hire an attorney, an attorney must be provided for you. The law requires that when you are in custody, once you have asked
for an attorney police are not allowed to ask you any more
questions. However, some officers may still ask you questions
or suggest that
you don't need a lawyer or imply that asking for a lawyer will make your situation
worse. If you have been arrested there is a good chance you will be nervous, scared and or confused. Regardless of what the officer may suggest: TELL THEM YOU NEED TO TALK TO A LAWYER. |
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Talk to a Criminal Defense Attorney as soon as possible. The sooner you have | |
| the advice of an attorney
the better. |
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Record the names, addresses, phone numbers and any other important | |
| information about any witnesses that could help you. It
is generally not advisable to contact potential witnesses yourself. Let your lawyer or his or her staff do that to avoid any notion that you are intimidating or attempting to influence the witness. Document, by notes or other recordings, any defenses you may have to the charges. Photograph or video tape defense evidence, when appropriate. For example, if you have injuries that are relevant to a defense, photograph them if possible. If a particular location is relevant, you may want to photograph or video tape it. Be careful not to tamper with any evidence or even give the appearance of tampering with evidence. If you possess items that you believe could be evidence in your case, bring them to your lawyer's attention as soon as possible. |
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Take steps to get out of jail. If you know you may be arrested or if you are | |
| turning yourself in on an outstanding warrant, have a family member or trusted friend on notice with access to any funds you may have to post bail for you. If you have limited resources and have to choose between hiring a lawyer and posting a bond, it is generally advisable to hire an attorney first. If your bond is too high, have an attorney ask the judge for a bond reduction. In many cases your attorney can get the bond amount lowered significantly. |
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If you are in jail while your case is pending, DO NOT DISCUSS YOUR CASE | |
| with other inmates or guards. Do not generally seek or follow the "legal advice" that other inmates are offering you. Consider the source. Do not discuss the facts of your case over the telephone with family and friends, as such calls are routinely recorded and are not confidential. |
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If you have co-defendants, do not contact them about the case or attempt to | |
| discuss the case with them unless your lawyer has advised you to do so. If they contact you that is fine, remain polite and friendly but explain that you can't talk about the case. That doesn't mean that you and your co-defendant are necessarily against one another, but it is generally best not to discuss the case outside of situations dictated by your lawyer. |
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Do not try to make a deal or negotiate with police or jailers about your case. | |
