Legal FAQ's - When You Get
Arrested Do's & Don'ts
THE DO's
Do
be polite and as courteous as possible to the
police.
Do
ask for the police officer's name and badge number,
or read it off of his or her badge. Try to remember
it. Try to get a good look at the officer's face so
that you can identify him or her later by that
method, if necessary.
Do,
if you are arrested in your car, show the police
officer your driver's license and registration
information. Note that in other situations where you
are not stopped in your car, you cannot be arrested
for the sole reason of refusing to provide
information, including your name and address, to the
police.
Do,
if you are taken into custody, demand the right to
have an attorney present before speaking to the
police.
Do
ask if you are under arrest. If you are, you have
the right to be told why.
Do
clearly inform the police that you will not speak to
them about anything without an attorney being
present.
Do,
as soon as you can, write down everything that
happened during the course of your arrest so that
you can use that writing to refresh your memory at a
later date.
Do,
if you are physically injured by the police during
the course of your arrest, seek medical attention
and inform your medical providers of the cause of
your injuries. Take photographs of your injuries as
soon as possible.
Do
remember that you do not need to answer ANY question
that the police ask of you. If you answer a question
which at first seems harmless, be aware that it may
later come back to haunt you.
THE DON'Ts
Don't offer
information to the police, no matter what tactics
they use.
Don't assume that the
police have a search warrant just because they say
that they do. If they say they have a search
warrant, ask to see it.
Don't get into an
argument with the police, no matter how hard they
may try to bait you into losing your temper.
Don't initiate
physical contact with the police, even if you mean
them no harm.
Don't give them any
reason to find you threatening. Do not give them the
impression that you are hard to deal with or
irritating.
Don't place your
hands where the police cannot see them.
Don't run away from a
police officer if you see one (or more) approaching
you. Running away may give the police reason to
suspect that you are hiding something from them,
even if you are totally innocent.
Don't interfere with
or obstruct the police. If you do, you can face
additional criminal charges.
Don't resist arrest.
Even if you think you are innocent, the time to
protest comes later. If you resist arrest, you may
face additional charges.
Don't allow the
police to listen in on any telephone call that you
make to your lawyer once you have been arrested.
While the police may listen in on conversations to
other individuals, they cannot listen to a
conversation with your lawyer because it is
protected by the attorney-client privilege.
Don't speak to the
police about anything before your attorney arrives
and talks to you first.
Don't provide the
police with any information other than your name and
address if you are arrested unless your attorney is
present and approves.
Don't sign anything,
no matter what it is, without an attorney being
present.
Don't say anything if
your attorney instructs that you remain silent. Let
your attorney do the talking for you, no matter how
hard it may be to resist the urge to speak.
Don't agree to
participate in a line-up without your attorney being
present.
Don't lie to your
attorney, or to the police if you choose to talk to
them.
Disclaimer
This
publication and the information included in it are
not intended to serve as a substitute for
consultation with an attorney. Specific legal
issues, concerns and conditions always require the
advice of appropriate legal professionals.
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