Suddenly finding yourself under arrest can be quite stressful. It's not uncommon for some people to freak out in this situation and end up saying something that might hurt them in court because they are not in the right state of mind. But it's important to keep a cool head when a police officer informs you that you are under arrest. Here are three things you should avoid doing if you want to protect your chances of having successfully fighting the case in court.
Don't Try to Talk Your Way Out of It
"But officer, I didn't do it!" Save it for the judge or jury. Trying to convince a police officer of your innocence after they've already made the decision to arrest you is pretty much pointless. When a police officer reads you your rights and tells you that anything you say can be used against you in court, they mean it. They are likely observing and will eventually write down in a report anything that you say to them. Even if you know you are innocent, you might end up saying something that could hurt you legally if you aren't careful.
Don't Give Permission to Search Without a Warrant
It's not uncommon for a police officer to ask you if they can search your car or maybe even your home depending on where and how you are arrested. But keep in mind that you are under no obligation to give permission to search. In order for it to be a legal search, the police officer either needs a warrant or your consent. Without one of these two things, any evidence they find during a search can be declared to be illegally obtained and thrown out. It can be difficult to tell a police officer no, but know that the law is on your side in this case.
Don't Agree to an Interview Without an Attorney Present
Once you are back at the police station, the cops might want to ask you some more questions. But it's important to remember that you are likely being videotaped or recorded and anything you say will once again be used against you in court. You have the right to request an attorney and you do not have to provide the officers with an interview without an attorney present. A good criminal law attorney will make sure things are done by the book and will be able to tell you if it's better to keep your mouth shut in response to a question.
When you are placed under arrest, remember that you are not required to say anything to the police and you do not have to consent to a search of your personal property. If the cops seem like they are getting pushy, you should immediately point out you have a right to an attorney and be given an opportunity to make a phone call. Having a criminal law attorney by your side may increase the chances of you being able to successfully beat the case against you.