11 Things to Know When Arrested

June 30, 2008 by Michael
Filed under: Uncategorized 

Nobody plans to be arrested, but it does happen to people. Perhaps you had a few too many beers with the guys, or maybe you got mixed up with the wrong crowd. No matter what circumstances led up to the arrest, there are vital things you need to know. Equip yourself now, and you’ll be better off when the police come knocking.

things to know arrested

1. Be polite. Police officers are just doing their job. They aren’t usually out to get you, and they may be even having a really bad day too. If you are calm and polite, you can help diffuse a tense situation and perhaps avoid arrest altogether. But even if you get arrested, you still need to be polite to the officers. This can make a big difference in your treatment while in custody.

2. Don’t talk. You have the right to remain silent, and you should take it. Keep your mouth shut and you’ll stay out of deeper trouble. The police can use anything you say against you in court, so why give them anything? The cops might try to get you to give up your silence by tempting you things that they say. Don’t give in. Be strong and quiet.

3. Get witnesses and names. When you are stopped, it is a good idea to get someone as a witness. You can ask anyone passing by to stay around, as long as they don’t interfere with the action of the police. Try to memorize the badge or name of the officers as well in the case you need to file a complaint later.

4. Do not make threats while in custody. Every one likes to say “You don’t know who I am” or “I will file a complaint against you.” Maybe you are indeed someone important, and filing a complaint is your right, but stating that while in the custody is not going to help you at all. It will upset the officers, and possibly worsen the treatment you will get.

5. Ask for a lawyer. If you are arrested, you can have a lawyer. If you can’t afford one, the state will provide one for you. This is the guy who will help make sure your rights are protected. And if you did do something illegal, he can help bargain for you with the prosecutor. Be sure to ask for a lawyer and then be quiet! If you talk after asking for a lawyer, that can still be used against you in court. Don’t give the police an inch.

6. Police can lie. This is not a derogatory statement against law enforcement; it’s just a fact. The police can tell you that they have DNA evidence against you or that they found 100 kilos of cocaine in your house. But you can’t trust them. They can say almost anything to you, and your reaction is what really counts in court. They could also say that your buddy just rolled on you in the room next door, but you can’t verify if that’s true. The bottom line here: don’t talk.

7. You will be searched. When you are arrested, the police will perform a search incident to arrest. They can search your person and any areas within your immediate control. They’re basically looking for weapons and other contraband that could endanger the officers. But what else they can search isn’t always clear. Without other doctrines being triggered, the police can’t search nearby rooms or inside your seized bags.

8. Stay calm and don’t react. Given that the police might search you, it is a good idea to let them have it their way. Hiding your hands inside pockets, or making a sudden movement to reach something are examples of what you should avoid. Needless to say you should never try to fight or put your hands on a police officer as well.

9. Stay in your house. If the police have probable cause that you committed a felony, they can arrest you on the spot – if you are in public. But if you are in your home, the police need an arrest warrant. This means they must convince a judge that probable cause exists that you committed the crime in question. If the police come up to your door, it might be a good idea to stay in the house. This gives you a little extra protection against an invalid arrest.

10. Don’t refuse an alcohol test. This final point obviously only applies to drunk driving charges. You have the right to refuse to take a blood, urine, or breath alcohol test. But most states have implied consent laws that you need to be aware of. Under these laws, you will automatically forfeit your driver’s license for several months if you refuse to take the test. If you’re not drunk, take the test. If you are drunk, you’re in a pinch. You might as well take the test.

11. Don’t run. The biggest mistake a person can make is to resist arrest or run. Nothing says “guilt” quite like running from the cops. After all, what does an innocent guy have to fear? Maybe you have good reasons to fear authority figures—especially those with guns—but it still looks like you’re guilty to everyone else. And when the police inevitably catch you, you’ll just be facing an additional charge: resisting arrest.

Although the content of this article was written by a lawyer, it presents general information and does not constitute legal advice. Further, your reading and using any information in this website does not create an attorney-client relationship between you and the author. If you need specific advice about your case, please consult with a lawyer licensed to practice in your jurisdiction.

Tags:

Comments

43 Comments on 11 Things to Know When Arrested

  1. Nick Carter on Mon, 30th Jun 2008 2:50 pm

    2. Implied consent law? Lol that is a good deal for the police officers.

  2. Alireza on Mon, 30th Jun 2008 5:34 pm

    3. well done buddy !
    i will translate it in persian …

  3. Stephen on Mon, 30th Jun 2008 6:10 pm

    4. Re: #10, a number of criminal defense attorney friends have done what they could to impress upon me that taking a field breath-test is among the stupidest things one can do. They say that being taken to the station is a right and once there, you can get a blood test, which takes hours to administer, by which point, you’ve hopefully sobered up a bit. Why are they wrong?

  4. Sara Miller on Mon, 30th Jun 2008 6:38 pm

    5. Statement: If you are drunk, you’re in a pinch. You might as well take the test.

    ***

    THIS IS __TERRIBLE___ ADVICE. If you take the brethalyzer, it is vastly easier to prove guilt at trial than if the DA has to make the case off of the field sobriety tests, descriptions of the “impaired” driving, appearance, etc. If you blow, all they have to do is establish that the equipment isn’t broken, and that you blew above the limit. DON’T TAKE THE BREATHALYZER or submit to blood testing if you know you’re drunk or even suspect you’re over the limit.

  5. Ben on Mon, 30th Jun 2008 7:19 pm

    6. Nick - you clearly don’t understand the concept
    Implied Consent means that you, the driver, by driving on the state’s roadways, consent, by your act of driving, to be subject to the safeguards the state puts in place to prevent less safe driving. In this case it means that you consent to being checked for alcohol or drugs if an officer hasreasonable suspicion you are intoxicated. It IS voluntary - you can refuse - but your refusal may be used as evidence against you in court, and the state, in response to your refusal to follow its driving regulations, may revoke your privilege to drive, regardless of where you are licensed, in that state. That said, if you refuse and are not convicted, the suspension is less likely to occur.
    Also, the polite and proper way to CYA if arrested is to ask for the officer’s name and badge number “for your records.”

    Don’t friggin’ drink and drive, but if you do, don’t be an ass about it. Odds are you are on camera, and whining, bitching, and begging to the officer is only going to make the many, many people who later see that tape laugh longer and harder.

  6. Little Stevie on Mon, 30th Jun 2008 7:21 pm

    7. Good info. The most important part is KEEP QUIET. You are not helping your situation by trying to explain things. The cops are trying to get you to admit wrong doing, not be your best friend.

  7. Sal on Mon, 30th Jun 2008 8:38 pm

    8. Also, if you get caught for DUI, DO NOT TAKE A URINE TEST!!! Ask for a blood test. The reason is because blood tests must be taken at a hospital, which should take another 30 min to an hour to get to. This will help lower your BAC. ALSO, AFTER you request a blood test, ask if you can go pee. This will get rid of a lot of alcohol in your body. If they won’t let you, you must piss your pants. Either spend thousands on court fees and possible a 3 year probation, OR, piss your pants and get out of jail

  8. Tom Swirly on Mon, 30th Jun 2008 9:13 pm

    9. Not that I’m generally in favor of increased police powers, but without implied consent there would literally be no way to get a breathalyzer test from most people.

    Unfortunately, people have shown that they can’t be trusted not to drive multi-ton vehicles while dangerously impaired and they kill and injure hundreds of thousands of Americans every year that way.

  9. Paul on Mon, 30th Jun 2008 9:21 pm

    10. If you have been drinking - REFUSE the test… number 10 is awful advise.

  10. Heh on Mon, 30th Jun 2008 10:50 pm

    11. I’ve ran from the cops on numerous occasions before. As long as you’re fast the you didn’t kill anybody, they won’t bother chasing you.

  11. Heh on Mon, 30th Jun 2008 10:51 pm

    12. I’ve ran from the cops on numerous occasions before. As long as you’re fast and you didn’t kill anybody, they won’t bother chasing you.

  12. Anonymity Isaright on Mon, 30th Jun 2008 11:28 pm

    13. As a point of fact, Pennsylvania’s implied consent law revokes your license for a year. By comparison, a drunk driving conviction instantly suspends your license for a year, adds “points” to your license (they take a while to come off), and yields a fine and possibly imprisonment. Oh, and you can bet your insurance will go up.

    When driving drunk in PA, DO NOT CONSENT.

  13. Prophet King Governance Press » links for 2008-07-01 on Mon, 30th Jun 2008 11:36 pm

    14. [...] 11 Things to Know When Arrested (tags: law police tips) This entry was written by thescribe, posted on July 1, 2008 at 12:36 am, filed under Uncategorized. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Post a comment or leave a trackback: Trackback URL. « Out of my head on 2008-06-30 [...]

  14. Jim Lukas on Tue, 1st Jul 2008 2:52 am

    15. I assume this is for USA. But for USA also need to add “11 things to know when rendered abroad for tortured”.

  15. bulgarian solicitors on Tue, 1st Jul 2008 3:15 am

    16. 11-things-to-know-when-arrested.This is a must read article.

  16. Jeffrey on Tue, 1st Jul 2008 7:24 am

    17. How about if you have been drinking DON’T DRIVE. You could kill yourself or someone else. I hope that everyone who drinks and drives gets caught on some test or another. If you drink and drive you’re irresponsible and deserve to rot in jail.

  17. 11 Things to Know When Arrested « vindicatum nusquam on Tue, 1st Jul 2008 8:14 am

    18. [...] clipped from http://www.attorneyscatalog.com [...]

  18. CommentURL.com | A world of interesting web pages on Tue, 1st Jul 2008 8:26 am

    19. 11 Things to Know When Arrested | CommentURL.com…

    \r\nSure you know you should not talk and ask for a lawyer, but what else? \r\nN…

  19. fmr. prosecutor on Tue, 1st Jul 2008 8:45 am

    20. You are half right on No 10 - “Don’t refuse an alcohol test.”

    1 - in most states, if you fail to take the test you lose your license for a year.
    2 - in most states, DUI laws are on a sliding scale, with the punishments increasing the higher your BAC.
    3 - the punishment for implied consent is the same as the lowest (usually .08 BAC) DUI charge.
    4 - however, if you blow higher levels, say .10, or .12, etc - the statutory punishment gets much higher, in both fines and time without your license.

    Therefore, my advise would be, if you think you’re below .08, than take the test.
    But if you think you’re over .08, don’t take the test, you’re going to get the baseline punishment and avoid the risk of a much higher one.

    Two caveats:
    1. You will likely be charged with both “implied consent” and DUI, however, the prosecutor, in 98% if the cases will offer you a plea of one or the other. In rare cases, the state will try and prove both, however the DUI will be very very hard with only observation evidence (slurred speech, smell of alcohol on the person, and bloodshot eyes)
    2. In some states (such as Virginia), you won’t be able to get a occupational drivers license during your 1 year suspended license for implied consent (versus with DUIs, in which case you usually get a occupational drivers license no problem). Obviously if you live need a car to get to work this is a consideration.
    3. Many employment applications still only ask about DUIs, and not implied consent violations, so that might be a consideration.

  20. Mike on Tue, 1st Jul 2008 1:43 pm

    21. I don’t really think pissing yourself is great advice. It’s just further evidence of your intoxication.

  21. Garr on Tue, 1st Jul 2008 10:48 pm

    22. Piss your pants? Are you kidding? Urinating does nothing to remove alcohol from your blood. Alcohol is not removed through urine, it’s metabolized through the circulation of blood to cells. Evidence of alcohol (in the form of specific sugar compounds) is found in urine, but it not indicative of your BAL.

  22. Jason on Wed, 2nd Jul 2008 8:15 am

    23. RE: #10

    It is true that if you refuse a breathalizer test you will loose your Driver’s License for up to 6 months. It also means that the state no longer has any evidence against you in the drunk driving case. It’s a double edge sword, but I think the benefits of not blowing are greater. If you blow, you loose your license, you spend time in jail, and you get huge fines and points on your insurance. If you don’t blow you loose your license, but that was already going to happen.

  23. carrie on Wed, 2nd Jul 2008 11:25 am

    24. I am pretty impressed with the list. And not so much because I wasn’t aware of the rights (I am in law-enforcement), but because the list is made from an objective point of view that doesn’t really side with EITHER party. I’ve seen so many “police bashing” lists….and it is refreshing to see one that doesn’t do that. :)

  24. Just an intern on Wed, 2nd Jul 2008 2:39 pm

    25. I have been a part of dozens of DWI trials (not as the defendant, thankfully), and I can’t remember one where the defendant was found not guilty just because he or she refused to blow. Really, the only time a DWI gets thrown out from what I have seen is when the officer doesn’t have probable cause to stop the vehicle. Refusing to blow not only automatically revokes your license, but it can be used as evidence against you that you were drunk. I would DEFINITELY say always take the test.

    As to what fmr. prosecutor said, it is my understanding that the implied consent law that kicks in when you refuse to blow is a civil revocation, not a criminal penalty. If it were criminal, it would be unconstitutional to automatically punish people by taking their license without any due process of law. This being the case, I can’t imagine a prosecutor ever asking you to plea to either a DWI or the implied consent offense.

  25. Sam Bullock on Thu, 3rd Jul 2008 5:43 am

    26. In N.J. a refusal , with probable cause to stop, carries the same penalties as the DUI; and does not require you to be drunk. So take the test;;;

  26. CA Attorney on Thu, 3rd Jul 2008 11:33 am

    27. #10 is incorrect if you know that you are legally drunk. I always advise people not to take the breathalizer test in that case. It is your right to refuse the breathalizer. If you think that you are not over the legal limit (which, by the way, is the most common reason clients tell me they took the test when they blew well over the limit), stall the cop for as long as you can before taking a BLOOD test.

    The reason is two-fold: 1) As someone else said, you may sober up a little bit; or, in the alternative, 2) You can use the “blood alcohol rising” defense - that is the claim that when you were pulled over, you were under the limit, but by the time you were tested, your blood alcohol rose above the legal limit due to the fact that it takes some time for alcohol to work through your system. (The claim is that you drank right before getting into the car)

  27. Spartan448 on Fri, 4th Jul 2008 3:36 am

    28. Unfortunately you are wrong on one of those points, having worked for and with law enforcement for most of my life, I have extensive and first hand experience on what the police can and cannot do.

    The police can search anywhere they want to as long as they have “probable cause”, so if they want to search your seized bags because they believe the contents pose a threat to themselves or others, then they will.

  28. lvleph on Sat, 5th Jul 2008 12:58 pm

    29. You have the right to be silent, because anything you say can be used against you in a court of law. Notice the keyword against you. Anything you say cannot be used to help you, so just keep you mouth shut.

  29. Dana King on Sat, 5th Jul 2008 1:27 pm

    30. Good post, and interesting comments. Nothing personal, but I’m assuming many of those who commented on Number 10 are either lawyers, or drunk drivers who have experience with these tests. Either way, it’s easy to see why the public has such a dim view of either demographic. Little mention was made of accepting responsibility for putting everyone–yourself included–at risk by driving drunk; just whether or not it was good advice for beating the rap, which is not (thankfully) how I think the original posting was intended.

  30. Guido on Sat, 5th Jul 2008 10:06 pm

    31. I think your advice speaks pretty clearly for the most part. I would also add that one should always have an Attorney on retainer in whichever country they plan on traveling in, as things sometimes happen when you are on vacation. It’s always nice to know that you have someone who is working for your freedom - even if it costs a few thousand dollars extra now and then.

    http://RENTaHITMAN.com

  31. Stephanie on Sun, 6th Jul 2008 10:29 am

    32. I agree with Jeffrey- if you are drinking JUST DON’T DRIVE! I can’t even believe that people are giving advice on how to get away with it! That blows my mind. It’s all fun and games until you kill someone. You people clearly need to spend some time with the mothers of MADD. I just cannot believe that in 2008 people still think driving drunk is a good idea! Morons- all of you!

  32. David Harison on Sun, 6th Jul 2008 8:53 pm

    33. If you are stopped and suspected of DUI or DWI refuse everything and say nothing. That is be cooperative but kindly refuse the tests all of them. Do not be belligerent if you can. Do not take field sobriety tests that is just more evidence against you especially if you fail them. Blood, breath, urine tests are all going to shed more light on how drunk you are. So if you take them again more dirt against you. Sure your license will be suspended but that has never stopped some people from driving unless you get caught. Hire a GOOD attorney and fight it in court. The less evidence against you the better, and it will only help your case.

    But my best advise don’t drive under the influence!!!! Take a cab, or have a designated driver

  33. innocent bystander on Mon, 7th Jul 2008 8:44 am

    34. When pulled over by police, DON’T EVER take field sobriety test OR Breathalyzer. Police will lie on field test just to take you in. If you decide to take it, your attorney can easily fight it by indicating either you had a bad knee, or incoming traffic headlights where distracting. Police officer will ask you anyways if you have any limitations, make sure to indicate that. Now for breathalyzer, thats a big NO-NO, police have to prove without reasonable doubt you are intoxicated, by blowing you just screwed yourself! You’ll now have to pay hefty attorney fees for guilty verdict. By not blowing, this gives your attorney more ammo to fight your case. Keep in mind these facts: 1. When arrested for DUI when you don’t blow, you have two cases, a: your DUI and b: your suspension (for not blowing). A good attorney can beat both. Make sure to interview all attorneys before you hire.
    2. Even if you blow into breathalyzer and register lower than the legal limit, it doesnt matter, you’ll still get a DUI! lets say legal limit is .08 and you hit .04, guess what, your getting DUI!!!! DONT BLOW!!!!! take my advise!

  34. Emma on Mon, 7th Jul 2008 7:41 pm

    35. Just don’t drink and drive… then you don’t even have to make the choice about taking the test. If you aren’t drunk, what harm will it do? And if you are drunk, you shouldn’t be driving and are endangering lives; you deserve to be arrested.

  35. slick hanner on Sat, 12th Jul 2008 12:48 pm

    36. all the felons know this except for 10

  36. slick hanner on Sat, 12th Jul 2008 12:49 pm

    37. what about felons??

  37. David Ryan on Sun, 13th Jul 2008 9:25 am

    38. Driving while impaired is despicable. BUT, not all states can automatically penalize you for refusing a breath, urine or blood test that was not order by a judge. For instance, in Massachusetts, the state constitution has been held to protect people from sanction for refusal to submit to testing.

  38. Brandon M. Sergent on Tue, 15th Jul 2008 8:42 pm

    39. How about this, ride a fucking bike.

    You’re not gunna kill anyone but yourself, its good for you, its cheap as dirt, And the company doesn’t have you by the balls when you climb on it.

  39. Kevin C. on Thu, 17th Jul 2008 2:08 am

    40. Interesting comments. While I agree that drunk driving is a horrible practice, it never hurts to have a backup plan to fall onto. As far as refusing the blow test, that just sounds like an admission to guilt, why else would you refuse the test? I read a lawyer saying to refuse the blow test? WTF?! Of Course, they can’t say they have a reading that says you are drunk, but you refused the damn test! Why else would you refuse it. Shit, now I don’t know what to tell people, to consent or not to consent, that is the question :).

    Again, Idealistically, you never drive drunk.

  40. deputy Arnold on Sun, 20th Jul 2008 8:12 am

    41. I am an officer and I would like to add that keeping quiet not only protects you more, but also makes the trip to and your stay in the jail more pleasant for everyone. Just stay respectful. We tend to reach out a little more to those who are respectful, ie. your paperwork gets done faster, you get your phone calls faster and we are generally more willing to answer your questions and try and help you get out of jail more quickly. Belligerent or disrespectful people tend to stay in the holding cell a lot longer. Basically we’re waiting for them to shut their mouth.

    And remember…the guys in the jail are not the ones who arrested you. Be polite and respectful to them as well. Many times they do not even know why you are in jail.

  41. TBS on Sat, 26th Jul 2008 1:31 am

    42. .08 is an arbitrary figure. My mother at .08 (if conscious) would be an extreme danger behind the wheel.

    My brother at .08 is probably a better driver than most at .00, at the least, he would not be not a danger to himself, other motorists or pedestrians.

    I just can’t believe that in 2008 you are drunk at .08 but a few short years ago you were not drunk until your BAC was .10.

  42. Policeman on Mon, 11th Aug 2008 2:48 am

    43. It would make my job a lot easier if every one knew this things.
    Number 6 is not true in most cases.
    Great article. Thanks

  43. Joe citizen on Sat, 30th Aug 2008 7:56 pm

    44. This whole debate lacks constitutional validity. For starters 5th amendment rights on self incrimination are violated as well as being punished twice by separate government agencies AKA double jeopardy as is done in most cases by both the courts and the licensing agencies, Forth amendment rights including search and seizure “implied consent” is not consent it is a work around to violate privacy. Defendants are bullied into signing waivers of their right to a speedy trial granted under amendment six for the sake of the courts convenience. And the assistance of public council is a total joke public defenders are overloaded with cases and only interested in punching the clock. Even worse you are told by the judge and your attorneys that if you don’t settle you face harsher penalties, well that’s not justice that’s just bullying. Oh and lets not forget the establishment clause either before the sentence is even passed a judge requires that you attend AA meetings until your arraignment and trial which like it or not is religious in nature, and any plea you take that involves community service work shouldn’t include churches in the list. Innocent until proven guilty should mean just that and if the burden of proof were really on the states shoulders many more citizens wouldn’t be locked up.

Tell me what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!