Common Mistakes to Avoid When You Have Been Arrested
by King Law
If you are arrested, it is critical to know everything you should do to maintain your eligibility to beat criminal charges you may be facing or to have the case against you dismissed. At the same time, it is extremely important to know about common mistakes that people make when they are arrested so you can avoid those errors yourself. Whether you are facing a misdemeanor or a felony charge, you want to do everything you can to maintain your ability to build a strong defense with assistance from a Rochester criminal defense attorney. From a DWI arrest to an arrest for a violent offense such as a sex crime, you should know what not to do. The following are frequent mistakes people make when they are arrested, and you can avoid them.
Do Not Resist Arrest
You should never resist arrest or try to flee from a scene where you believe police officers have come to arrest you. If you attempt to resist in any way, you could face additional charges, and you could be subjecting yourself to injury if the officers say that they needed to use force to restrain you. While you might be able to seek a remedy for excessive force later on if you are injured in the process of being arrested, it is important to do everything you can to remain as calm as possible to ensure your own safety and well-being, and to prevent any additional charges you could face as a result of resisting arrest.
Do Not Say Anything to the Arresting Officers
Do not say anything to the arresting officers once you have been arrested. While you may need to provide identification, it is important to invoke your right to remain silent and to avoid rescinding it. You need to remember that you have the right to remain silent under Miranda v. Arizona (1966)—what you may know more colloquially as your “Miranda rights.” You truly do have the right to remain silent, and you should exercise it. Even if the police try to convince you that it is in your best interest to tell your side of the story or that keeping quiet makes you look guilty, remember that talking about the case is often one of the biggest mistakes people make after an arrest.
Do Not Talk to Anyone About Your Case Until Except Your Criminal Defense Lawyer
Do not make the mistake of discussing your case with anyone who could reveal information you provide to the police or the prosecution. You might think you are having a helpful conversation with a friend or family member, but anyone you speak with about the case could later be interviewed by the police and could even be called as witnesses in the prosecution’s case. Keep all information about your arrest between you and your attorney, unless your lawyer specifically tells you to discuss certain facts of the case with another party.
Do Not Post Anything About Your Case on Social Media
Just as you should not discuss the arrest or your criminal case with anyone, never post anything about your arrest on social media. Do not put photos, words, or anything concerning your criminal charges on Facebook, Twitter, Instagram, or any other social media site. Similarly, do not post anything that concerns the criminal matter for which you have been arrested. It is possible that the prosecution could use your social media posts as evidence against you in your case.
Do Not Wait to Hire a Rochester Criminal Defense Lawyer
One of the biggest mistakes you can make in any type of criminal arrest, from a misdemeanor assault case to a felony drug offense, is to wait before you hire a criminal defense lawyer. Under the law, you have a right to an attorney. You will want to have an experienced defense attorney on your side as soon as possible after you are arrested. If you hire a criminal defense attorney immediately after your arrest, your lawyer can deal with criminal charges, court appearances, and other pre-trial issues that arise. In addition, the sooner you begin working with a criminal defense attorney, the more time you give your lawyer to prepare the strongest possible defense in your case.
Seek Assistance from a Rochester Criminal Defense Attorney
Building a strong and effective defense strategy is complicated but necessary to beat criminal charges in Rochester, New York. If you are able to think clearly during or after an arrest, it is critical to avoid some of the common errors we have mentioned above. Yet even if you made a mistake when you were being arrested, we want to emphasize that you may still have multiple options available to you to develop a winning defense strategy. An aggressive and experienced Rochester defense attorney at our firm can discuss your case with you today. Contact King Law to learn more about the criminal defense services we provide in Rochester, New York.