Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

November 7, 2011

What immediate steps should I take if I am arrested for a crime?

If you are arrested for a crime, the actions you take can have a significant impact on what happens next, as well as on what happens if the crime for which you are arrested goes to trial.  Therefore, it is important that you understand certain do’s and don’ts when you are under arrest.

Remain silent. If you are arrested, you do not have to give the police any information, and it is often wise not to remain silent (aside from perhaps providing basic information about who you are).  When someone is arrested, the police usually give the Miranda rights to that person.  These rights are defined in the United States Constitution.  While the specific words used can take many forms, the rights basically remind someone who is under arrest that they have the right to remain silent and they have the right to an attorney.  The right to remain silent is important to remember because once you have been arrested and informed of your rights, anything you tell the police can be used against you as evidence in court.  Therefore, it is best not to tell the police anything that could hurt you later on in a trial.  Even if you are not guilty of the crime, if you speak to the police while under arrest, your words may be misinterpreted and be used against you in court.

However, the police do not have to read you your Miranda rights to arrest you, only to question you.  Therefore, if you are arrested and give information to the police voluntarily, the information may likewise be used in court even though you had not been given your Miranda rights.

Call an attorney. As noted above, the second right guaranteed in the United States Constitution and noted in the Miranda rights is the right to an attorney.  An attorney can evaluate your case, advise you on what information you can provide to the police, and guide you through the process of posting bail.  If you have been arrested for a crime, you will want a good criminal defense attorney on your side to get you through the process.

Obtain release from jail. In most cases, when you are arrested, you will be placed in jail and an amount of money will be set that must be paid to obtain your release until the trial.  This money is known as bail.  The purpose of bail is to help guarantee that you appear at any mandatory hearings related to your case.  If you do not appear, the money paid for bail is forfeited to the court (and you will re-arrested).

You may also be released if the police believe after the arrest that you did not commit the crime.  Again, an attorney will be able to assist with providing evidence to the police in an attempt to convince the police you are not guilty.

How can I get in touch with an attorney?

By completing the short form at http://www.criminaldefensehome.com/eval_bar.php, it will allow a criminal defense attorney to get in touch with you.  You can complete this form whether you just want to get contact information for the name of a reputable attorney or if you are simply a suspect in a crime and want to have an attorney involved in the event you get arrested.  In either case, you can rest assured that your conversation with the attorney will be completely confidential and the initial consultation is free of charge.  Completing the form also does not obligate you to anything further.  So take this opportunity today to get in touch with a criminal defense attorney who can be by your side should the need every arise.