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	<pubDate>Mon, 30 Jun 2008 17:23:30 +0000</pubDate>
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		<title>11 Things to Know When Arrested</title>
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		<pubDate>Mon, 30 Jun 2008 10:36:52 +0000</pubDate>
		<dc:creator>Michael</dc:creator>
		
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		<description><![CDATA[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, [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p><center><img src="http://www.attorneyscatalog.com/wp-content/uploads/2008/06/thingstoknowarrested.jpg" alt="things to know arrested" title="things to know arrested" width="425" height="282" class="bord" /></center><br/></p>
<p><strong>1. Be polite</strong>.  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.</p>
<p><strong>2. Don’t talk</strong>.  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.</p>
<p><strong>3. Get witnesses and names</strong>. 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&#8217;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. </p>
<p><strong>4. Do not make threats while in custody</strong>. Every one likes to say “You don&#8217;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.</p>
<p><strong>5. Ask for a lawyer</strong>.  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.</p>
<p><strong>6. Police can lie</strong>.  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.</p>
<p><strong>7. You will be searched</strong>.  When you are arrested, the police will perform a <a href="http://law.onecle.com/constitution/amendment-04/14-search-incident-to-arrest.html"  rel="nofollow">search incident to arrest</a>.  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.</p>
<p><strong>8. Stay calm and don&#8217;t react</strong>. 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.</p>
<p><strong>9. Stay in your house</strong>.  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.</p>
<p><strong>10. Don’t refuse an alcohol test</strong>.  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 <a href="http://alcoholism.about.com/od/dui/g/consent.htm"  rel="nofollow">implied consent laws</a> 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.</p>
<p><strong>11. Don’t run</strong>.  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.</p>
<p><em>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.</em></p>
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