Monday, February 4, 2013

What To Do When you're Arrested (Explained)

Almost every cop show on TV has suspects doing the exact opposite of what an experienced Minnesota Criminal Defense Attorney would recommend you do in the same situation.  Another way TV and real life are not remotely alike ... bummer.

Here's What You Should Do

To avoid any unnecessary drama, if possible, you should do the following if you're ever arrested:

  1. Remain calm.
  2. Do not resist arrest. Minnesota law does not allow the right to resist an arrest, even if you believe it to be an illegal one. 
  3. Do not make any statements to the police. Anything you say can and will be used against you in court. Your actions, if arrested, should be simply to say: “I would like to speak with my attorney.” This is your legal right, and the only thing you should say. 
  4. Never lie. You are under no obligation to speak to law enforcement authorities. However, if you choose to speak to them, you are obligated to speak truthfully. If it can later be shown that you provided false information, you could be charged with making false statements or aiding an offender to escape arrest or prosecution. 
  5. Do not give permission to search anywhere. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search. 
  6. Do not believe what the police tell you in order to get you to talk.The law permits them to lie to a suspect in order to get you to make admissions. 
  7. Do call your lawyer. You do have the right to make a local phone call and the police cannot listen if you call a lawyer. 
  8. Do not invite the police into your home nor should you “step outside.” If the police believe you’ve committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to step outside, they no longer need a warrant. Simply state that you’re comfortable talking right where you are. 
  9. Do not accept an offer by police to let you go inside if you are arrested outside. When the police escort you inside, they’ll likely conduct a search without a warrant. Decline offers to secure your car safely for the same reason. 
  10. Do have cash on hand to make bail. If you don’t and you are arrested on a Friday night, you’re in for a long week end in jail.
The truth is - in situations like an arrest --- the cops are not your friends.  They have a job to do --- and all too often that gets in the way of their ability to access common sense.

If you or someone you live needs help --- call a lawyer!  Get free answers by calling the Rolloff Law Office: (612) 234-1165.  

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