There were 7.55 million arrests made in 2023 in United States, a slight increase on the previous year. These numbers highlight how common arrests are and why understanding your rights and the legal process is so important.
Being arrested can be a frightening experience that can happen to anyone, whether due to a misunderstanding, being in the wrong place at the wrong time, or actual criminal charges. Knowing how to handle yourself during an arrest can significantly impact the outcome of your case and protect your constitutional rights.
Stay Calm and Comply with Commands
The most important thing to remember during an arrest is to remain calm and avoid resisting, even if you believe the arrest is unjustified – estimates are that 2%-10% of people incarcerated were falsely arrested.
Resisting arrest is a separate criminal charge that can complicate your situation regardless of the underlying reason for your arrest. Keep your hands visible, follow the officer’s instructions, and avoid sudden movements that could be misinterpreted as threatening.
Physical resistance or verbal arguments will not help your case and may result in additional charges or potential injury. Remember that you can challenge the legality of your arrest later through proper legal channels, with the help of a criminal lawyer, but the time of arrest is not the moment to fight back.
Exercise Your Right to Remain Silent
The Fifth Amendment protects you against self-incrimination. You don’t have to answer questions beyond providing basic information like your name and address. Politely but firmly state, “I am exercising my right to remain silent,” and then shut up.
Many people mistakenly believe that talking to police will help clear up misunderstandings or demonstrate their innocence. However, police officers are trained interrogators, and even innocent remarks can be twisted or taken out of context later.
Request an Attorney Immediately
As soon as possible after your arrest, clearly state, “I want to speak to a lawyer.” This invokes your Sixth Amendment right to legal counsel, and police must stop questioning you until an attorney is present. Do not attempt to represent yourself or rely on public defenders assigned at arraignment for immediate advice during questioning.
If you cannot afford an attorney, one will be appointed to you, but this process may take time. Until you have legal representation, continue to exercise your right to remain silent. Your lawyer will guide you on how to proceed and protect your interests throughout the legal process.
Be Mindful of Your Behavior
During processing and while in custody, maintain respectful behavior toward all law enforcement personnel and jail staff. Avoid discussing your case with cellmates, as these conversations are not protected by attorney-client privilege and can be used as evidence against you.
Do not sign any documents without first consulting with your attorney, except for basic booking paperwork that confirms your identity. Be aware that phone calls from jail are typically recorded, so avoid discussing details of your case over the phone.
Know What Comes Next
After booking, you will typically appear before a judge for arraignment, where charges will be formally read and bail may be set. If you’re suspected of a serious crime, you can be held for up to 96 hours before arraignment.
Remember that being arrested does not mean you are guilty. The legal system provides numerous protections and opportunities to defend yourself, but exercising your rights properly from the moment of arrest gives you the best foundation for a successful outcome.
Source: ameyawdebrah.com/
