What Not To Do If You Are Arrested
What are some common verbal blunders that arrestees make? Some try to bargain their way out of the arrest. "Please officer, give me one free pass, will ya?" Some cry and plead. Some try to argue that the cop should be out arresting real criminals (thereby implying that you are guilty, but there are others committing worse crimes than the one you just committed). When asked to do field sobriety tests, a common response is "I couldn't do these sober." All of these statements will later be highlighted to a judge or jury as evidence of your guilt. Again, the State will use your own words to hang you.
What You Should Do If You Are Arrested
So, should you just keep your mouth shut? For the most part, the answer to that question is yes. You’re under extreme anxiety; do not trust yourself to be logical with the police (as if that would help in that instance anyway). However, don’t forget the other part of the Miranda Rights advisory. Specifically, ask to speak to an attorney. Don’t be vague. Don’t say, "...maybe I should speak to an attorney?" Politely say that you would like to speak to an attorney and that you would like to speak to that attorney in private.
At that point, the officer’s training should have taught him to cease ALL questioning. If questioning continues, without honoring your request to speak privately to an attorney, the case becomes subject to a Motion to Dismiss for Right to Counsel Violation (or, at minimum, a suppression of all evidence seized after the violation occurred). Your invocation of your right to remain silent and your right to have an attorney, cannot be used against you at trial. If you’re convicted at that point, you would not have helped convict yourself with your own words.
Do Not Resist Arrest
Officers have an extremely difficult and dangerous job. Every arrest, every investigation brings with it the potential of life threatening consequences. Society, as we know it, would absolutely fall apart without good and honest police officers. Thus, regardless of your thoughts about your particular situation, there is no need to be abusive, belligerent, argumentative or otherwise difficult with the officer. First of all, as discussed above, the officer won’t change his mind about arresting you, and that is especially so after you engage him verbally or physically. In fact, you subject yourself to further criminal charges for resisting arrest if your actions go too far. Second, your attitude towards the police will be presented as supporting a guilty verdict against you. Juries typically do not like a person who fights with the police and will most likely see such evidence as evidence of guilt of the primary crime. If convicted and sentenced, the prosecutor will, no doubt, use your conduct with the police as support for a stiffer sentence. No good will come out of displaying aggressive behavior towards the police. So, your attitude towards the officer must be polite. As discussed above, request to speak to an attorney in private. Fight the case later with your lawyer. Don’t fight the police.
Guilty or Innocent, Invoke Your Rights
The right to remain silent and the right to an attorney are not just meaningless words of victory for a police officer effectuating an arrest. They are an important advisory for anyone, guilty or innocent, who is placed under arrest. I can’t think of one instance where a suspect should waive either of these rights, especially during the critical time of arrest. Play it safe. Invoke your rights.
