Attorney David Chesley's Criminal Defense Blog

How to Behave During an Arrest

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Today we will talk about a few guidelines to follow if you are being arrested. While these do not cover every situation, they will give you an overview of how to deal with an arrest.

Be polite:

If you are stopped by a police officer, stay calm, be polite and courteous. If you believe you are being arrested, remain silent, don’t complain or argue as this will only make the situation worst. Keep an eye on the police officer and make sure to remember as much as you can of what is going on around you, this will help your attorney later on.

Do no resist arrest:

During your arrest, it is important to cooperate with your arresting officer, running or resisting arrest will only add more charges and make your situation more difficult.

Remain Silent:

If you are arrested, you are not required to speak with the police. Once you identify yourself you can choose to remain silent, even if the arresting officer attempts to interrogate you, just kindly decline and remain silent. If you are questioned and you cooperate, there is a chance that you can incriminate yourself, even if you are innocent. Any facts or information you may have pertaining to your arrest should be discussed with your attorney first. Remaining silent during your arrest will help you avoid problems in the future.

Decline searches:

It is important that if a police officer asks to search you or any property belonging to you, you decline. Without the proper search warrant it is illegal for an officer to search you or your property without your consent. If a police officer asks to search you, ask for a search warrant, if they have the proper documentation ask that you are allowed to watch as they search, you may also ask to call your lawyer before the search.

Do not interfere:

During the arresting officer’s investigation, do not interfere. Only speak to a police officer, if he speak with you, any voluntary statements could be used against you in the future. Do not comment on any evidence found, and do not assist the officer in any way. During your arrest the best possible action is to remain silent until you can contact your attorney.

During the arrest procedures it is also important to remember as many details as you can, this includes the order in which events took place, the name of the arresting officer, and anything you can remember about the incident. This will help you attorney identify if any police misconduct took place, or if any procedures weren’t followed during your arrest.

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