What to Do if You are Arrested
If you are stopped or arrested by police for anything from driving while intoxicated to shoplifting, there are some important things to keep in mind. KNOW YOUR RIGHTS. According to the American Civil Liberties Union (ACLU), you want to make sure you do the following:
- Try to stay calm
- Do not argue with law enforcement officials
- Think carefully about what you say. Remember, anything you say can be used against you in a court of law
- Try not to complain at the scene and tell police they are wrong. It can only make a bad situation worse
- Ask for a criminal lawyer and talk to no one but your lawyer
- The ACLU recommends getting names of witnesses and/or arresting officer names or badge numbers and writing everything down ASAP
For more information about protecting your rights go to“Flex Your Rights”or call a reputable criminal attorney in your area.
Criminal prosecution begins with an arrest and ends at a point before, during or after trial. An Arrest occurs when police officers take a suspect into police custody (although some offenses, such as traffic violations, do not result in suspects being taken to jail).
The majority of misdemeanor arrest and felony New York criminal cases end when the defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges.
A police officer may arrest a person if:
- The officer observes the person committing a crime
- The officer has probable cause to believe that a crime has been committed by that person
- The officer makes the arrest under the authority of a valid and active arrest warrants
After the felony or misdemeanor arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody (go to our services page to learn more about bail and the booking process). If the suspect committed a minor offense, the police may issue a citation to the suspect with instructions to appear in court at a later date.
What are the protections under the U.S. Constitution?
A defendant has the right to:
- Remain silent
- Competent counsel
- Confront his/her accuser
- Be free of cruel and unusual punishment
More on What to Do if You are Arrested
What is probable cause?
You can be arrested (felony or misdemeanor arrest) without a warrant if law enforcement believes there is probable cause.Generally probable cause exists when there is enough evidence to cause a reasonable person to believe the accused has committed the crime in question.In other words if the police have evidence that you have or are about to commit a crime, then they have probable cause to make an felony or misdemeanor arrest.
Understanding the Miranda Warning
Under to the Fifth Amendment, after the police detain a criminal suspect, they must read you the Miranda warning or your Miranda rights, which at the minimum must be:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
In some cases the police will state the following:
- You have the right to remain silent and refuse to answer questions. Do you understand?
- Anything you do say may be used against you in a court of law. Do you understand?
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
- If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
- Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Even if a person has not yet been arrested and is the focus of a criminal investigation (and the interrogation is taking place in a police station or other type of law enforcement location), then the police must give the Miranda rights to the suspect before starting their interrogation.
