If you are in a situation where you are being arrested, you are probably under a large amount of stress. It is usually also a stressful situation for the officer. The officer may be worrying how you will react and the officer will be on high alert to protect himself or herself. When you are being arrested, you must realize the following:
- You are generally not in control of the situation.
- The officer or officers will succeed in arresting you and handcuffing you.
- It is extremely unlikely that you will be able to talk yourself out of your situation at that time.
- Be polite and compliant. Do not fight the officer's or resist. This can make matters worse for you both legally and physically.
- Pay attention so that you can remember details for later use at trial.
- ASK FOR THE ASSISTANCE OF YOUR LAWYER. I cannot stress this enough. What you say can and will be used against you later on in court. I have had too many clients talk themselves into a conviction by giving up information to the police. You have a constitutional right to remain silent and you must exercise that right. You can try to call me—I usually have my telephone with me (301.294.3434). Even if you cannot get through to me, insist that you will not speak to the officers about the case without your attorney present.
- Do not consent to a search of your vehicle, your home, your cell phone, etc. The police may be able to conduct a search even without your consent but definitely do not give your consent. That takes away one of your biggest arguments when the police are going through your stuff without warrant.
The content of this website has been prepared by the Law Offices of Thomas G. Witkop for informational purposes only and is not to be construed as legal advice. The information presented here is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers and Internet users should not act upon this information without first consulting Attorney Witkop or another attorney.