What to do if you get arrested

[JamesSavik]

I want to create a public service article about what people need to know if/when they get arrested.

 

I am by no means an expert in this area and would like for others to add their advice and expertise.

 

When its done, we'll clean it up and make an article out of it.

 

_____________________________________

 

OK. You are arrested. How you got here and whether or not you are guilty is moot. What you do now makes all the difference.

 

First: Don't panic. This isn't going to be your best day but you must keep your head.

 

Second: Don't be a smart ass. Don't make it personal with the cops.

 

Third: Listen, and talk very little. Keep your answers to short declarative sentences or yes and no. Anything you say may be held against you regardless of how badly misquoted or taken out of context it may be.

 

Fourth:the cops are NOT your friends. They will LIE to you. They will tell you that they have evidence and witnesses that they don't have or will promise you that it will go easier on you to extract a quick and easy confession.

 

Fifth: If you are accused of a crime in which forensic evidence will clear you, volunteer it. If you haven't fired a gun or your DNA will exonerate you, offer it up. This usually tells cops that they are barking up the wrong tree and can clear you.

 

Sixth: When you request an attorney, cops can no longer question you. Some people will advise you to request an attorney immediately. It is usually better to listen to the cops and let them tip their hand. You will at least want to hear what you are charged with.

 

Seventh: Don't count on the honesty or integrity of co-defendants. Many people when questioned will panic and try to dump everything in your lap.

 

Eighth: DON'T LIE. If you are caught in a lie, your credibility is shot. Either answer truthfully or don't answer. This is called the Fifth Amendment Right Against Self Incrimination. Don't assert your fifth amendment right unless you are backed into a corner. Once you have taken the Fifth, say nothing else.

 

The next step

 

You may bond out on a misdemeanor or appear at an Arraignment Hearing for a more serious crime. It is best to have an attorney before the Arraignment if possible.

 

The Bond Hearing

 

The bond hearing sets you bond- an amount of money or property that will ensure the state that you will appear for trial. Unless multiple murders are involved, bond will usually be set in most cases. If the bond is too high the attorney may request a bond reduction.

 

The Grand Jury

 

This is where the District Attorney's office must put his evidence before a jury. That jury will decide whether or not to return an indictment. Most of the time the Grand Jury is closed. In some cases your attorney may be able to attend but you won't.

 

Trial Delays

 

Most court dockets are overflowing and it's not uncommon for a trial to be put off for years. In my state the time from arrest to trial averages about two and a half years.

 

Plea Bargains

 

Most cases don't go to trial. Most DA's like to offer suspects plea bargains or allow you to take a plea to a lesser charge than risk a trial and a longer sentence.

 

More:

 

Pre-paid legal services

 

A relationship with an attorney

[Zeoanne]

I'll add something here that even though it does NOT have anything to do with an arrest it is a good thing to know when you are being pulled over for any kind of traffic stop.

 

Once you are stopped and the officer is getting out of his vehicle, make sure your hands are on the 12 o'clock on the wheel with your hands open. The officer will see that you are not a threat, hiding your hands, holding a weapon, etc. It will make things a whole lot easier for all parties involved. When asked for your license, let them know you are reaching inside your back pocket for your bill fold.

[hh5]

What is this bond thing?? I am clueless?

 

All i know is you get put into a tank ... if they set a bail bond? then you get out

 

but if you can;t afford this bail - you just sit in the tank until trial.

 

I have no idea if u owe if you can make bail.

[Nephylim]

I want to create a public service article about what people need to know if/when they get arrested.

 

A relationship with an attorney

 

 

I wish more people went for this option