If you are arrested (prevented from leaving or taken into custody by the police,) it’s important to remember that you still have rights. Two of the most important at this point are the right to remain silent and the right to an attorney. You do not have the right to resist arrest, even if the arrest is illegal. If you use any kind of force when resisting, you can be charged with battery on an officer.
Know What To Expect
You may be allowed one phone call; be aware that this phone call may be recorded. You can use the call to contact a family member, a lawyer, or a bail bonds Lincoln County professional. There are several things that will happen following the arrest:
- You’ll be searched.
- Your belongings, any contraband, and other items will be taken and possibly used as evidence.
- A record of your arrest will be made.
- The police must inform you of your rights to remain silent and be assisted by an attorney.
If you can’t afford a lawyer, a defense attorney will be provided. Throughout all of these steps, it’s best for you to remain silent. Don’t offer or provide any information except your name, address, and birthdate.
Understand Your Miranda Rights
The police may ask you to sign a paper waiving your Miranda rights. This is almost always a bad idea. Instead, calmly tell the police that you want to remain silent and talk to a lawyer. At this point, it is very important that you don’t continue talking. Don’t talk to anyone, even family members, friends, or other inmates. Any conversations, except those with your own lawyer, can be used as evidence.
Talk to Your Attorney
It’s a common misconception that you can talk your way out of an arrest if you are cooperative and communicative. Resist the urge to make any claims or decisions about your situation; instead, remain silent and wait for the chance to talk with an attorney.