What to do and not to do when arrested in Raleigh, North Carolina
If you’ve been arrested, the most important thing you should remember is that you have a right to remain silent and the right to speak to a lawyer. It is important to exercise these rights as they protect you as a citizen. If you’re arrested, the best thing you can do is to stay silent until you have spoken with or are represented by an attorney.
A person is under arrest when a police officer places that person in custody. A police officer may arrest a person if they see them commit a crime, the officer has probable cause to believe that a crime was committed, or if a judge issues a warrant for their arrest. A person should not use force to resist arrest, even if they believe they are being arrested unlawfully or illegally. A person who uses force can face charges of resisting arrest or battery. If you’re arrested without probable cause, your best course of action is to fight in court, not with the officer.
If you are arrested, you will be searched on the scene, at the jail or both. Evidence relating to the investigation will be seized and your personal belongings may be confiscated also. Every person who is questioned while in custody must be read their Miranda rights in order for those statements to be used against them at trial. Some police departments will ask you to sign a written Miranda waiver before you talk – it is never a good idea to waive your Miranda rights!
If you’ve been arrested, it’s important to invoke your right to remain silent. If you talk, you could get yourself in deeper trouble. Just tell the police that you wish to remain silent and want to speak with a lawyer. After you’ve been arrested, do not talk to the police, family, friends or other inmates about your case. You could incriminate yourself and turn those people into witnesses for the Government.
The police are trained to elicit incriminating information from people, and other inmates may try to get you to talk so that they can offer information to the government. Assume that all conversations are recorded – that includes talking with visitors in jail or over the telephone. Your conversations with your attorney are confidential.
When arrested, you should always call for help from a professional Raleigh criminal defense lawyer like the Scharff Law Firm in Raleigh, North Carolina. Police typically do not allow suspects to use their cell phone to make calls. Remember, assume any and all calls are being recorded, unless the call is to your attorney. If arrested, try to remain calm and cooperate, but do not talk to law enforcement until you speak with an attorney.
If you’ve been arrested, you are entitled to the assistance of a criminal defense lawyer in Raleigh, North Carolina. Contacting a criminal defense lawyer in Raleigh, North Carolina is the first step you should take if you are ever arrested.
For more information, please contact an experienced criminal defense law firm in Raleigh, North Carolina such as Scharff Law Firm at (919) 457-1954 immediately!