If you’re placed under arrest, handcuffed, and put in the back of a police car, it might be tempting to say whatever you can to secure your release.
But remember that anything you say or do can be used against you. After being apprehended by the authorities, they’re supposed to advise you of your right to remain silent. It’s a constitutionally protected right that you should take advantage of if you value your freedom. Your Miranda Rights are designed to safeguard you from self-incrimination.
After giving your name and providing proof of insurance, you don’t have to utter another word. Just let them know you want to hire a lawyer.
“The right to remain silent is one of the most powerful tools for protecting yourself if charged with a crime,” says a lawyer at SBBL Law. “Anything you say can be twisted or used against you, even if you’re innocent. Speaking without legal counsel can jeopardize your defense. Remember, silence isn’t an admission of guilt — it’s a smart way to protect your rights.”
In addition to never agreeing to an on-the-spot interrogation before retaining a lawyer, you should also avoid doing any of these five things if arrested for a crime.
1. Don’t Resist Arrest
Unfortunately, some people get legal advice from YouTube and put themselves in bad situations when they encounter law enforcement.
One of the worst things you can do is resist arrest. So, if you’re placed under arrest but fight tooth and nail to avoid being apprehended, you’ll make matters worse for yourself. You might face more charges. That could make things harder for your lawyer as they try to secure you a good legal outcome.
2. Don’t Consent to Searches
It’s never a good idea to consent to a search before you retain the services of a lawyer. Police typically have the right to perform a search if they have a warrant or can see signs of contraband from outside your vehicle. But unless there are legal grounds, you should tell the police officers that you don’t approve of any searches of your person or vehicle.
3. Don’t Sign Any Papers or Documents
Avoid signing any papers or documents without consulting with your lawyer beforehand. Signing without getting legal counsel first could amount to self-incrimination, depending on the contents of the papers or documents. You should get a lawyer’s go-ahead before signing anything.
4. Don’t Attempt to Provide an Alibi
Providing an alibi might seem to be in your best interests. However, the reality is that silence is golden. Saying too much might get you in more legal hot water than you’re already in.
For one thing, what you say might be misinterpreted. That can make a bad situation worse. It’s best to exercise your right to remain silent. Only after hiring a lawyer and getting advice should you even consider offering any explanations to the police.
5. Don’t Contact the Alleged Victim
Contacting an alleged victim is beyond a no-no. It’s a sure way to get you into more trouble than you’re already in. Some people might think that contacting the alleged victim and apologizing or trying to work things out is a good thing. But it can be viewed as witness tampering — which is a serious legal infraction. A rule of thumb is to ask your lawyer before you do anything after being arrested. You can bet that your lawyer will warn you against reaching out to anyone accusing you of a crime.
You can avoid a lot of trouble by following the advice of your lawyer. What you don’t want to do is make mistakes that could lead to negative consequences.