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What NOT To Do If You Are Arrested


A number of things can hurt your criminal case, including what happens during your initial arrest. Here are a few things you should not do if you are arrested.

Do Not Talk.

If you are arrested for a crime, do not talk. Whether you are guilty or innocent, one of your biggest allies during the entire legal process will be your rights. This includes your right to remain silent. The police officer making the arrest cannot convict or sentence you, but they can testify against you in court if you say anything incriminating. Do yourself a favor and stay silent.

Your right to remain silent extends past the initial arrest. While in jail, remain silent. Do not speak to any inmates, guards or even your friends or family. You never know who might be listening. Instead, wait until you speak to an attorney to discuss the details of the case.

Do Not Use Force.

Using force during an arrest will only hurt your case, even if you are innocent. A simple bump in defiance can be construed as assault, which could increase the severity of your current charges.

Do Not Resist Arrest.

Resisting arrest not only includes the use of force, it also refers to running from police officers. Don’t physically avoid or resist a police officer attempting to arrest you. Comply and stay silent. You will have every opportunity to fight your charges in the courtroom.

Do Not Consent to Any Searches.

Police officers may want to search your home or car to look for evidence of your crime.
However, they cannot do so without your permission, or without a legal warrant. Whether you are innocent or guilty, do not allow officers to search anything. You never know what could falsely incriminate you.

Verbally deny their request to search by saying “You (the police officers) do not have my consent to search …” If they search anyway, the evidence may be thrown out in court.

Do Not Go Back into Your Home.

This seems like an odd one, but some police officers will graciously offer to escort you back inside your home to say goodbye to your significant other, or to grab a change of clothes. It is important to note, however, that they do not have the right to enter or search your home without a warrant or without your permission. By allowing them to escort you into your home, you’re inadvertently allowing for potential search and seizure while they’re in your home. Refuse the offer.

DO Contact Our Columbia Criminal Defense Lawyers.

One of the most important rights you have is your right to an attorney. Our Columbia criminal defense attorneys are ready to help you fight your criminal accusations. We have nearly 30 years of legal experience and have defended a number of clients against criminal charges, including DUI, sex crimes, and even assault. Our office has a reputation for success, and will not stop fighting for your rights. Call our lawyers today.

Contact Masella Law Firm, P.A. today to discuss your case with our Columbia criminal defense lawyers: (803) 938-4952.

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