Arrested? Top 10 Things NOT To Do!!

February 20, 2017

 

I'll post plenty of blogs written by me, but sometimes information is so good that there's need to reinvent the wheel.  I personally like this list of "Don't's" from a Pennsylvania attorney that is completely applicable to anyone when arrested regardless of what state you find yourself in.

http://www.themcshanefirm.com/pa-criminal-lawyer/top-10-things-not-to-do-if-you-are-arrested/

 

PLEASE TAKE NOTE OF THIS ADVICE. A wide variety of people are arrested everyday, and the vast majority of these individuals make the same mistakes which make their situations even worse. Many of the reactions are understandable; however, some their actions defy logic and reason. No one plans on being arrested, but sometimes people find themselves being arrested for simply being in the wrong place at the wrong time.

 

Please share this with your colleagues, friends, and family, because it will come in handy should you ever find yourself being arrested.

 

The basic rule is this: Simply listen to the officer and do as your told. “Put Your Hands Behind Your Back” and do NOT do any of these Ten Things:

1. DO NOT Talk.

Do not say a word to the officer. You have a right to remain silent – take advantage of it. I cannot stress to you the importance of this rule. Do. Not. Talk!  

 

Do not attempt to convince the officer of your innocence.  Everyone is innocent; no one should be arrested; and no one should be in jail. That is all the officer hears all day, everyday. He/she does not care, generally, whether you are innocent, and there's nothing that you can say or do to convince them otherwise, so don't. 

 

Most times, when people speak to officers, they say something that makes their situation far worse. Keep your mouth shut. There will be plenty of time to explain later.

2. DO NOT Run.

I said above to listen to the officer and follow his/her instructions. If you run, not only could there be additional charges, but if the case goes to trial, then the Government may be able to get a special jury instruction called “consciousness of guilt”, which would be read to the jury basically stating “guilty people run; innocent people don’t”.

 

Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon.

3. Never Resist Arrest.

Perhaps the most important thing is not to touch the police officer at all! Do whatever the officer says to do. Fight your case, not the officer. You WILL lose a fight against an officer.

 

Many people attempt to bump the officer or swat an officers hands away. This often becomes over-reported by the officer and the swatting becomes hitting, which falls under the assault, and now a minor misdemeanor arrest becomes a FELONY.

4. DO NOT Believe the Police.

It is perfectly legal for the police to lie to get you to make an admission. In fact they are trained to lie to you to get the confession. It is called the Reid Technique. The officer will lie about having witnesses, video, fingerprints, DNA, etc. 

 

The police frequently separate two friends and tell one the other one “ratted” him/her out (i.e., told on you). Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now…  It will only be easier for the police/State to prove their case against you!

 

Police frequently ask compound questions, or two questions in one sentence with an "and" or "or".  This is so that they can later claim that they thought you consented, or said "yes", to one part of the question and vice versa with a "no" response.

 

Ask for a lawyer. 

5. DO NOT Consent to a Search.

Do not allow the police to search anywhere!

 

If the police officer ASKS, then they DO NOT have the RIGHT TO SEARCH and MUST have YOUR CONSENT.

 

If you're asked, make sure you proclaim to any witnesses that “The Police does not have my consent to search anything or anywhere.”

 

If they perform the search anyway, that evidence may be thrown out later ("fruits of the poisonous tree").

 

Also, if you consent to a search, the officers may find something that you had no idea had placed there, i.e., marijuana left by a friend, maybe planted there.

6. DO NOT Look At Places Where You DO NOT Want Police to Search.

Police are trained to watch you and react to you. They know that, when people are nervous and scared, they tend to look to the areas that they don’t want the police to search.

 

Do not react to the search, and do not answer any questions.

 

LOOK DOWN AND KEEP YOUR MOUTH SHUT.

7. DO NOT Talk Smack to the Police.

I don’t care if you have been wrongly arrested, and the true culprit is standing in front of you. Don’t talk smack! Police hear all day that "my dad is the Governor’s Assistant’s Intern and I will have your badge for this!"

 

Police have a lot of discretion in the upcoming charges brought and how it all develops in the system. Police can add charges, change a misdemeanor to a felony, and will even talk to the prosecutor that is ultimately prosecuting you.

 

An officer is much more likely to be favorable to agree to a plea deal, nonadjudication of the charges, pretrial diversion program, dismissal, etc., if they recall that you were obedient, polite, and cooperative.

8. If Police Come to Your Home, DO NOT Let Them In, and DO NOT Step Outside Your Home.

If the police are confident you have committed a felony, then they are coming in anyway, because they generally don’t need an arrest warrant. Make it clear to the police by stating: “No you may not come in”; “I am comfortable talking to you right here”; or “You need a search warrant to enter my home.”

 

If they return, your attorney can arrange for you to turn yourself in should that be necessary and you may not spend any time in jail between the hearings.

9. If You Are Outside Your Home and Arrested, DO NOT Accept an Offer to Go Back In Your Home for Anything.

The officer may say to you, "how about you go inside and change, freshen up"; "talk to your wife" (or husband); "get a jacket"; or provide you with any other reason.

 

The police will graciously escort you in and then tear your home apart searching through it.

 

Also, do not let them secure your car. Your car is fine. Remember they are lying to you. They don’t give two hoots if you are really cold,or if you need to talk to your wife or husband.

10. DO NOT say a word.

It’s incredible how many people feel that they can convince the officer, the booking officer, or a detective (if your case reaches that stage) that they are "not guilty".

 

YOUR CASE IS NOT DECIDED BY THESE PEOPLE. They have no affect on the determination of guilt or innocence.

 

Wait to speak to your lawyer!  

 

The courts and juries, in particular, give enormous weight to “confessions” during this stage.

 

A suspect is almost NEVER released after being arrested.

 

Follow these ten simple rules religiously and many of your rights will remain intact. I don’t care how nervous, scared, high, or drunk you are, THESE RULES will help you tremendously in the short and long run.

 

 

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