Steps to Take If You Have Been Arrested

In the midst of being handcuffed, you may feel confused and even combative. Even if you are arrested for a crime you didn’t commit, it is important that you take the necessary steps to protect your rights. Among these, you should invoke your right to remain silent, refrain from answering questions without a lawyer present, attend your bond hearing, and under no circumstances should you consent to warrantless searches.

After an arrest, never wait to contact our Columbia criminal defense lawyer to begin protecting your rights.

Invoke Your Right to Remain Silent

Being arrested can make anyone want to blurt out anything to try to convince the police of your innocence. This is far from helpful and may even incriminate you. If you are being arrested and taken into custody for questioning (known as “custodial interrogation”), the police are required to read you your Miranda rights. Custodial interrogation involves more than simply being questioned by law enforcement. During a custodial interrogation, you are being detained, meaning that you are not free to leave.

Your Miranda rights are consolidated in the Miranda warning, which is as follows:

● You have the right to remain silent

● Anything you say can be used against you in court

● You have the right to an attorney

● If you cannot afford an attorney, you can use a court-appointed attorney

Following the recitation of these rights, the police officer may ask if you understand them. The appropriate response is “I do,” followed by “I am exercising my right to remain silent” if the officer begins to ask any questions. This will let the officer know that you are invoking your right to remain silent, with no language barriers being at play.

Refrain from Answering Questions Without a Lawyer Present

After your arrest, law enforcement will take you down to the police station for questioning. Refrain from answering any questions at any point until your attorney arrives. Even if a police officer tries to pressure you, it is your constitutional right to have a lawyer by your side during questioning. While this may seem uncooperative, answering even what seems to be innocent questions can be damaging in court.

Attend Your Arraignment

Your first court appearance following your arrest will be at your arraignment. The arraignment is your first formal appearance in front of a judge and typically takes place within 48 hours of your arrest. At the arraignment, the charges filed against you are formally read, and you will be given a summary of the facts in your case. Often, the bail/bond hearing may take place concurrently.

The bail/bond hearing is where the court determines if you will be released prior to trial. The court will review and assess your criminal history, employment, reputation in the community, and whether you have ever failed to appear in court to determine if you are eligible for release. Bail/bond may be granted if you pose no threat to the community, are deemed not a flight risk (will show up to court when scheduled), and are unlikely to commit any crimes during your release.

If bail is granted, you will be required to follow certain conditions. Failing to show up for your first court appearance comes with larger consequences than being detained in jail. If you do not show up to your arraignment, the judge will issue a warrant for your arrest.

Do Not Consent to Warrantless Searches

Following your arrest, the police will likely want to search your home to gather more information to use against you. In the absence of a search warrant, the police can ask for your consent. Under no circumstances should you consent to a warrantless search. Unfortunately, many defendants think that not consenting makes them look guilty. This is what the police want you to think. The reality is that you have a Fourth Amendment right to refuse to consent to a search.

Nobody understands the full extent of their legal rights. Unfortunately, both the police and prosecution want answers, and they may very well take shortcuts to get there. By consulting with an experienced criminal defense lawyer, you will be informed of your rights and what the police can and cannot do. That is why contacting an attorney immediately after your arrest is critical to protecting yourself.

Speak with Our Columbia Criminal Defense Attorney Today

While an arrest can certainly take you off guard, you want to avoid doing anything that further incriminates you. At Landon Miller Law, our Columbia criminal defense lawyer is dedicated to helping defendants safeguard their freedom from the moment it is placed in danger. If you or a loved one has recently been arrested, Attorney Landon Miller is available to address any of your concerns. To schedule a free consultation, our firm can be reached online or by calling (573) 658-1919.