What do I do if I get arrested?

First of all, don't think that it can't happen to you. There are volumes of laws out there that could get you arrested should you break one. Chances are, you don't even know all the things that are prohibited by law--you might even make a habit of doing something that could subject you to arrest and not know it.

For example, if you've ever had a yard sale, lost a dog, or organized an event, you've probably hung a sign somewhere in public. Well, many towns and cities have laws prohibiting "unlawful posting." During the Giuliani regime in New York City, the police where arresting old ladies for hanging signs on light poles. I've witnessed it personally. Moral of the story: what you don't know, can get you arrested.

So, what do you do if you get pinched?

It doesn't matter whether you think you did something wrong or not, you should do the same things:

1. If you find yourself in a situation where it seems like you are no longer free to leave, and you want to leave, you should ask: "Am I free to leave?" If the answer is "no," you should ask "why am I being detained?" If the officer cannot articulate a reason, you should again ask "am I free to leave?" If the answer is no, ask "am I under arrest?" If the answer is yes, the next words out of your mouth are: "I want a lawyer." Even if you are not under arrest, but are being detained, you are under no obligation to make any statements to the police whatsoever other than to provide ID. This is true no matter how the authorities may try to get you to talk. The more you talk, the more trouble you will probably get yourself into. No matter how solid you think your explanation is, you'll do yourself a favor if you stop talking.

2. If you are eventually arrested, do not resist or touch the officer. Some officers will charge a person with resisting arrest for something as small as a tug on the handcuffs.

3. Stay calm--anything you say or do can be used to prosecute you--and the police will write down all of their observations.

4. If the police continue to speak to you, repeat, "I want a lawyer." Do not make any statements at all about the incident that led you to get arrested--for that matter, do not make any statements at all about anything. The police are very good at getting people to talk. They are actually trained in the art of interrogation. The techniques that they are taught are modeled after those developed during the Spanish Inquisition (no joke).

5. Once at the police station, cooperate with the booking process (i.e. allow them to take your mug shot, fingerprints, and ID). Make no statements. It is possible that you are being videotaped or recorded. If you behave badly, you might end up watching the replay in court.

6. When asked to waive your rights to remain silent and have a lawyer, do not waive those rights. Again repeat, "respectfully officer, I want a lawyer." Do not sign a form waiving you rights no matter what may be promised or threatened.

7. You will be informed if bail has been set. Ask to make a phone call to have someone who can bail you out. Keep your phone conversation brief and to the point. Make no statements about why you are in jail. The police will be listening and writing everything down. Example: "I'm at the police station. I am being held on bail. The police require $__ in order to let me out. How soon can you be here?" Stay calm, and do not discuss the reason for your arrest.

8. If you are released, do not confess/discuss your case with anyone. It is possible that one of those people you talk to could become a witness against you if forced to take the stand. If you are unsure, ask your lawyer about what you can and cannot confide in your spouse.

9. Once in private, get a notebook and write down all the details that you can remember about the incident. On the front cover of the notebook write clearly: "To my attorney. Privileged."
Contact an attorney right away.

Remember: all hope is not lost just because you've been arrested! You haven't been convicted of anything. Get in touch with an attorney who practices criminal defense law and listen to what he or she has to say.

Attorney Rich Taylor
www.ExeterLawyer.com