With the popularity of crime shows like Law & Order, CSI, Criminal
Minds, you would think people would understand their rights when encountering
the police. The truth is, many Americans don’t understand their
rights when interacting with police. Even if you have never been arrested
or in trouble with the law, knowing your rights is essential as you navigate
through life. In this blog, our
Virginia Beach criminal attorney outlines an easy to follow guide on what not to do if you’re arrested.
Never Run Away from Police
If you encounter the police in a situation where they plan to arrest you,
you should never run away. Police training teaches if you are running
way, you may have a weapon. This practice could lead them to be quicker
to draw their guns. Additionally, police will make note that you tried
to run away in their report, and a prosecuting attorney could argue to
a jury that you were running away because you knew you were guilty of
Don’t Fight Back or Resist Arrest
Resisting arrest could wind up with more charges against you. If you resist
arrest and end up harming a police officer, you could be accused of
assaulting a police officer, which is a Class 6 felony. In addition to more severe
charges, police may think you are guilty if you are resisting. To prevent
further damage, do your best to comply with all commands from the arresting
officer until you can speak with a Virginia Beach criminal attorney.
Don’t Talk to the Police
While you are being arrested, the officer is required to read your Miranda
Rights to you. The Miranda Warning was designed to prevent those arrested
from incriminating themselves. When the police read you your Miranda Rights,
they should say the phrase, “You have the right to remain silent,
anything you say can and will be used against you in a court of law.”
Remember those words during your arrest! It is true the police will try
to extract information from you during your arrest, but politely let them
know you wish to wait until an experienced Virginia Beach criminal defense
lawyer is with you before speaking to them.
Don’t Sign Anything
The police may pressure you to sign documents regarding your arrest, but
you are not under any legal obligation to sign anything until your lawyer
is available to advise you.
Don’t Argue With Police
Remember it is in the best interest of the police to get you to talk and
they will use whatever legal methods they can to get you to do so. One
strategy police may use to get you to talk is to tell you things that
may upset you. If this begins happening, do your best to ignore their
tactics and wait for your attorney to arrive.
Don’t Forget to Hire an Attorney
While we understand how stressful the process of arrest can be, we cannot
emphasize enough how important hiring a skilled Virginia Beach criminal
defense attorney is to your future. At
The Law Offices of Daniel J Miller, we can prove you a personal, comprehensive legal plan to get your back
on the right track.
Call to schedule your free consultation.