A Few Things To Remember During An Arrest - Man in handcuffs

A Few Things To Remember During An Arrest

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

Criminal Defense Lawyer

Being arrested and accused of a crime is one of the scariest experiences any person can go through. And despite being innocent until proven otherwise by law, truly innocent people still find themselves in jail, which is why most of us fear an arrest in the first place. When someone is arrested, the officer must read them their Miranda rights, right to an attorney, and right to remain silent in order to proceed. An officer who fails to take this necessary step may destroy the prosecution’s case against the accused, so stay attuned to whether you are read these rights or not.

There are a few things you must be aware of during an arrest. Firstly, ask the officer if you are under arrest or just being questioned. If the latter is true, then ask if you can leave and get in touch with a lawyer immediately. Secondly, keep in mind that the officer does not have to prove the crime in order to arrest you, so you are not automatically deemed guilty. The best thing you can do to prevent making incriminating statements is to take advantage of your right to remain silent. You are also entitled to legal representation and if you ask for a lawyer you should be given the opportunity to do so. 

When it comes to an arrest, individuals have the right to an attorney and the right to remain silent. As a criminal defense lawyer clients trust at the Law Group of Iowa can attest, one of the worst things that you can do in the moment of being arrested is trying to talk your way out of the situation. It is tempting to want to explain yourself in hopes that the officer understands your side of the story. However, in most cases, a police officer is already set on arresting you before you have even been placed into handcuffs. It’s unfortunate that we cannot always trust law enforcement officials to make reasonable arrests or believe us when we need them the most. 

Too many people fall for the trap of answering the police officer’s questions during an interrogation. People may think that if they share what they know, that this will show cooperation with the police and they will be allowed to leave. But in reality, that is not often what happens, as law enforcement is looking for the accused to make statements that could be misconstrued and used against them in the criminal charge. In fact, speaking with police can seriously hinder a person’s ability to have their charges reduced or dropped in court. As your lawyer may advise you, it is much harder to take back words you have already said then prevent yourself from making potentially incriminating statements unintentionally.