There is a reason why the police say you have the right to remain silent and the right to an attorney. That’s because you need to know your rights in case you get arrested.
However, knowing your rights is one thing, and using it is another. But you cannot use those rights if you do not behave.
That said, we have listed five things you should not do when you get arrested.
What You Should Not Do When You are Arrested
You know you are being arrested when the police bring you in custody (a.k.a. the precinct). And this could mean that you are not free to leave unless you are questioned and proved your innocence.
One way to do that is to hire one of the top 10 criminal defence lawyers in Auckland. That and ensuring that you will not do the following:
Using Force
We understand that getting arrested, especially if you do not know the reason, can be shocking. Regardless, we advise that you stay calm and do not use force. This includes resisting arrest.
Otherwise, you will be implicating yourself further. That is like collecting one case after another. Plus, you or another person can incur physical injury, which is an additional implication.
When the police arrest you, fight in court instead of in the street.
Running Away From the Authority
In relation to the previous point, you should not run away when the police arrest you.
For one, it is considered resisting arrest. Second, you are less likely to outrun the authorities. It will also make you look guilty, especially in the eyes of a jury.
No matter how much you want to escape your situation, it is never wise to run away from the authorities.
Talking to the Police
As mentioned earlier, it would be best to keep your mouth shut when you are being arrested. This also means that you should not talk to the police while in the vehicle or the police station.
Doing so risks incriminating yourself. Plus, the arresting officer is only doing his job. He has nothing to do about your guilt or innocence.
So, do not try to talk yourself out of being arrested. Because, as your Miranda Rights say, “Anything you say can and will be used against you.”
Meaning, whatever you say while you are being arrested can lead to more complications later on if you are not careful.
What you can do instead is ask permission to call your lawyer. And do not answer any questions unless you have your legal representative.
Giving Search Consent
Here’s the thing: Authorities can only search your premises if they have a search warrant. And 100% of the time, they will show the warrant to you first before searching. Otherwise, they likely do not have a search warrant.
In this case, say it aloud that you are not permitting the police officers to search your premises.
For one, doing so allows you to assert your rights. Second, it enables bystanders and neighbors to hear you. And they can be your witness in case the authorities insist. And anything they find will not be admissible in the court of law.
However, any item they find that does not belong to you can raise suspicion.
Not Seeking Legal Help
Depending on where you are arrested, you are entitled to a phone call to your family or an attorney. Thus, you should take advantage of it.
It will help if you know your lawyer’s phone number. That way, you can contact him immediately when you are in a compromising situation. Otherwise, you can seek help from a public defender.
Regardless, always invoke your right to an attorney and not answer any questions without your legal representative.
Conclusion
Here’s the thing: The best thing you can do when you get arrested is to keep quiet. After all, you have the right to remain silent.
We understand that being in such a situation can be stressful. Regardless, make sure to avoid the following:
- Using force
- Running away from the authority
- Talking to the police
- Giving search consent
- Not seeking legal help
You need to invoke your right to a lawyer and wait until your legal representative arrives. That way, you will not be incriminating yourself further.
