| What to do if you are arrested
Rule 1 - Keep your mouth shut.
When you are arrested or detained, you do not have to answer any
questions except to give your name and address and show some
identification if requested. As you may have heard on TV:
You have the right to remain silent.
Anything you say may be used against you.
These are part of your "Miranda" rights and you should take
advantage of them. If you confess to a crime, it will be very
difficult for any lawyer to get the case dismissed.
Rule 2 - Cooperate with the Police, but
only to a certain extent.
For example, if you are suspected of driving under the influence of
alcohol, you may be requested to take a test to measure the amount
of alcohol in your system. If you refuse to take the test, your
driver's license will be suspended. So you must cooperate. But if
you are arrested for a more serious offense, and the Police ask you
to "snitch" on someone else to get your case dropped, you better get
a lawyer to make sure the Police hold up their end of the bargain.
Rule 3 - If it is a serious crime, get a
lawyer as soon as possible.
If you are arrested for a crime, particularly a serious one, you
should contact a lawyer as soon as possible. The lawyer can advise
you on the bail process. Some attorneys are so familiar with the
District Attorneys and Police that they may able to get the charges
dropped prior to you even having to go to Court. Many times the
District Attorney will "overcharge" you will several different
crimes which they claim are Felonies. However, an experienced
attorney can often get many Felony charges dismissed or reduced to
Misdemeanors. Down the road, that same attorney may be able to get
your criminal record "expunged" (which legally means it never
happened).
Rule 4 - Make sure you trust your lawyer
Before hiring an attorney, you may want to interview several.
Experience in this area is important. Do not hire someone that just
passed the bar or that you do not communicate well with. Was the
attorney trying to keep you calm or trying to scare you into paying
a big retainer?. Does he or she have a strategy on the case? These
are all questions you need to ask yourself after meeting with an
attorney.
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