Q: What should I do if I’m arrested?

Protect your rights until you can talk with a criminal defense attorney by using the following tips:

  • Do not discuss your case with anyone, except your attorney. The U.S. Constitution grants you the right to remain silent, do so.
  • When law enforcement tells you, “Everything you say can and will be used against you in a court of law,” they really mean it.
  • When law enforcement investigates you or initiates a criminal case against you, their interest and yours are completely adverse. Nonetheless, treat the police with courtesy and politeness, they are doing their job. Provide them with your vital statistics information, and then stop talking. Do not discuss or volunteer any facts with law enforcement. As a general rule, it will never be beneficial to you. Ask to contact your attorney.
  • When you are not under arrest*, or when you are not in custody*, and you are simply being interviewed, everything you say will likely be admissible against you, even if the police fail to advise you of your rights (Miranda warning). You are probably unknowingly building their case against you.

* These are terms of art, and the legal definition as it is established by statute or case law applies in this case.

When resolving a criminal case, the Defendant or his attorney must ensure that certain steps are taken early on. If you fail to immediately address certain aspects of your case in the very beginning, you WILL forego the chance to better your position in your case forever!

Discuss your case with an experienced criminal defense attorney prior to making decisions that will affect your future and your record forever. Contact criminal defense attorneys Patrick Barbary and Darrell Sedgwick at 321-951-3400 for a FREE telephone consultation.

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