PLEASE READ THIS ADVICE.
Many people are arrested (DUI, traffic ticket, etc.) every day and the majority of the individuals make the same mistakes which can make their situation worse. A lot of these reactions are understandable; however, some defy logic and common sense.
No one plans on having an arrest today, but you may be arrested for simply being in the wrong place at the wrong time. Share these 10 tips from our Athens GA criminal defense lawyer with your friends and family because it will come in handy for many of you.
The basic rule is to simply listen to the officer and do as your told, and follow these Ten Arrested Rules:
1. DON’T TALK TO THE POLICE
Do not say a word to the officer. You have a right to remain silent – take advantage of it. I cannot stress to you the importance of this rule. Do not talk! Our Athens DUI Lawyer recommends that you do not attempt to convince the officer of your innocence.
Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He/she does not care generally whether you are innocent or guilty and there is nothing that he/she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut; there will be plenty of time to talk later.
2. DON’T RUN FROM THE POLICE!
As stated above to listen to the officer and follow his/her instructions. If you run, not only could there be more charges, but if the case goes to trial, then the prosecution may be able to get a special Jury instruction which would be read to the Jury called “consciousness of guilt” whereby the Jury is told basically “guilty people run, and innocent people don’t”. Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon.
3. NEVER RESIST THE ARREST!
One of the most important things not to do is touch the police officer at all! Listen and follow what the officer says. Fight your case, not the police! You will lose a fight against an officer. Many people attempt to bump the officer or swat officers hands away. This often becomes over-reported by the officer and the swatting becomes hitting which falls under the assault statutes and now a minor misdemeanor arrest becomes a felony!
4. DON’T BELIEVE THE POLICE, THEY ARE NOT YOUR FRIEND!
It is perfectly legal for the police to lie to get you to make an admission/confession. In fact, they are trained to get the confession. The police frequently separate two friends and tell one the other one “ratted” him/her out (i.e., told on you). Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now…LIES!!! DON’T BELIEVE THE LIES! It will only be easier for the police to prove their case!
5. NO SEARCHING ALLOWED!
Our Athens GA Criminal Defense Lawyer recommend that you do not allow the cops to search anywhere! If the police officer has to ask, they do not have the right to search and must have your consent. If you are asked to make sure you proclaim to any witnesses that “You (the police) do not have consent to search.” If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you or someone else had placed there, i.e., marijuana left by a friend.
6. Don’t Look At Places Where You Don’t Want Police to Search.
Police are trained to watch you and react to you. They know that you are nervous and scared and many people look to the areas that they don’t want the police to search. Do not react to the search and do not answer any questions. LOOK DOWN AND KEEP YOUR MOUTH SHUT!!!
7. DO NOT TRASH TALK THE POLICE.
I don’t care if you have been wrongly arrested and the true criminal is standing next to you. Don’t talk trash! Police hear all day that my dad is the FILL IN BLANK HERE and I will have your badge for this! They have a lot of discretion in the upcoming charges brought and how it all develops in the system. They can add charges, change a misdemeanor to a felony, and will even talk to the lawyer that is ultimately prosecuting your charges.
8. IF POLICE COME TO YOUR HOUSE, DO NOT LET THEM IN AND DO NOT STEP OUTSIDE YOUR HOME
If the police are confident you have committed a felony, they are coming in anyway, because they generally don’t need an arrest warrant. Our Athens GA criminal defense lawyer recommends you make it clear to the police by stating: “No you may not come in”, or “I am comfortable talking right here”, or “You need a search warrant to enter my home.” If they return, your Athens GA criminal defense attorney can arrange for you to turn yourself in should that be necessary and you will spend no time in jail between the hearings.
9. IF YOU ARE OUTSIDE YOUR HOME AND ARRESTED, DO NOT ACCEPT AN OFFER TO GO BACK IN YOUR HOME FOR ANYTHING.
The officer may say to you, how about you go inside and change, freshen up, talk to your wife, husband, get a jacket, or provide you with any other reason. The police will graciously escort you in and then tear your home apart searching through it. Also, do not let them secure your car. Your car is fine. Remember they are lying to you. They don’t give two hoots if you are really cold or if you need to talk to your wife or husband.
10. DON’T TALK, YOU MAY WALK!
It’s amazing how many people feel that they can convince the cops, the booking officer or a detective (if your case reaches that stature) that they are not guilty. YOUR CASE IS NOT DECIDED BY THESE PEOPLE. They have no effect on guilty or not guilty. Wait to speak to your lawyer and demand to speak to your lawyer! The courts and juries, in particular, give enormous weight to “confessions” during this stage. A suspect is almost NEVER released after being arrested.
Follow these ten simple tips from our Athens GA criminal defense attorney and many of your rights will remain intact. I don’t care how nervous, scared, high or drunk you are, THESE RULES ARE VERY IMPORTANT, and will help you tremendously in the short and long run.