What If I Am Arrested?
No one plans on being arrested but it can happen to anyone at anytime. Here is some general advice you should follow:
1. Do not resist arrest. You should comply with all orders of the arresting officer and jail personnel. Failure to do so can result in additional charges and increased penalties. If our office has been appointed to represent you, call us as soon as you have been released and make an appointment to see your lawyer.
- Do not consent to any searches of your home, yourself or vehicle. If law enforcement does not have a search warrant, you do not have to consent to them to searching your home, your vehicle or your person. While there are some circumstances where they do not need a search warrant and can do so without your consent, you need not give your consent under any circumstances.
- Invoke your rights. Immediately upon being arrested advise the law enforcement officer you want to consult with a lawyer and will not talk to him or her before you see a lawyer. You are, however, required to give the arresting officer your name and address and advise jail personnel if you have any medical conditions.
- Do not talk to anyone at the jail, other than your lawyer, about your case. This includes other jail inmates, family members, spouses or friends. You should assume every word you say in the jail, including phone calls and conversations during visitations, is being recorded and may be used against you at trial.
