During an arrest, it’s normal to be unsure of what you should and shouldn’t do. It’s very common for people to make mistakes when they are in this situation, but those mistakes can be very detrimental to your case.
Many times, people don’t know that what they’re doing can hurt their case. They think they’re benefiting themselves in the moment. It’s important to understand what the most common mistakes you can make during or after an arrest are so you can do your best to avoid them.
1. Talking your way out of an arrest
Many people, when they are getting arrested, think they can talk their way out of the situation. They will try to reason with the police, hoping that the police will see the situation from their point of view. This can end up hurting your case in the long run because the police can use anything you say against you.
2. Sharing information
When the police arrest you, they read you your Miranda rights. One of the first lines within these rights are “anything you say or do will be used against you in a court of law.” This not only pertains to you while you’re getting arrested, but when you speak to anyone about your case, other than a lawyer. The police can subpoena anyone you are close to. If you share information with anyone, they can be forced to testify. It’s better for you and your case if you only share details with your attorney.
3. Refraining from or delaying getting legal representation
The first thing you should do when you are arrested is request a lawyer. Chances are you are not familiar with the law and could use some assistance or guidance on determining what your next steps should be. An attorney can give you advice on what you should and shouldn’t say when you are being questioned or in court.
Some wait to get a lawyer. This can hurt your case in the long run. The sooner you get a lawyer, the more time you have to build a strong case. Your lawyer will also have more time to see the flaws in the case that the prosecution has built against you.
4. Lying to your attorney
When you hire an attorney, it’s in your best interest to be honest with them. If you hide things from your lawyer, they won’t be able to help you to the best of their abilities. If you keep things from your lawyer, they won’t be able to build a strong defense for you. When you are in this position, you need to trust your lawyer and give them all the information they need so they can help you.
During your arrest, it’s easy to make mistakes. When you become more aware of the mistakes that could be made, you can work to avoid those mistakes. By only sharing information with your lawyer, reserving your right to speak and trusting your lawyer, the actions you make during this situation are less likely to negatively impact your case.
If you or anyone you know has been arrested, turn to an experienced criminal defense attorney. Don’t face criminal charges alone. Contact The Law Offices of Anthony N. Palumbo by calling 908-643-6801 or sending us an email to schedule a free initial consultation.