Top 5 Things to Do if You Are Arrested
Many people don't know how to act, what to do, or what to say if they are arrested. For your benefit, we are providing you with our Top 5 list of things to do (or not do) if you are arrested:
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Number One: DO NOT speak to anyone, ESPECIALLY LAW ENFORCEMENT, until after you have spoken to an experienced criminal defense attorney. You have a constitutional right to remain silent--exercise that right. Remember--anything you say CAN and WILL be used against you. SIMPLY PUT, DO NOT make a statement or sign anything. Your statements may be taken out of context or misunderstood. An experienced attorney can properly advise and assist you. Do not even speak with to friends about your arrest because they can be called as witnesses to testify against you.
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Number Two: Retain an experienced criminal defense attorney to assist you in understanding your rights and the ramification of your arrest. Your discussion should include the criminal process and the penalties or punishments that you may face. It is important for you to understand what is happening and that you receive sound advice from an attorney who has handled similar cases.
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Number Three : Ask why you are being arrested. You have the right to know the charges for which you are being arrested. Make law enforcement explain, without surrendering your right to remain silent...simply say "Why am I being arrested."
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Number Four: Request an attorney to be present for any type of questioning and/or evidence gathering. This includes line-ups, DNA testing, and fingerprinting. Your attorney will ensure that proper procedures and protocols are followed, or even advise you to refrain from any cooperation. In addition, many tests are voluntary, but due to the presence of law enforcement, you may feel obligated to perform. Your attorney can consult you on whether you should submit to the test or not.
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Number Five: Be respectful. Although you should exercise your right to keep quiet, you can inform the police officer politely that you would like to speak to your attorney before answering any questions. Even if the police officer is being belligerent, remain calm and polite. Remember, the police officer has the power to make a bad situation worse, which is far more likely to occur if you are hostile. This list does not necessarily apply to a DUI, as it is always our position that upon a DUI contact, you should refuse ALL roadside tests, including roadside maneuvers and portable breath tests. However, you should submit to either a blood or a breath test, so that you have an avenue to fight your case, and not prejudice your rights to retain your driving privileges. For more information, or to discuss your case with an experience criminal defense lawyer with over 500 trials and hearings and over 10 years of experience, contact Colorado attorney Robert Biondino. The consultation is free; the advice invaluable. We offer payment plans and accept all major credit cards.
