The moment the police say they are arresting you is not the best time to think about what to do. The stress of the moment could blur your thinking and cause you to make some poor decisions that will harm your defense.
If you already understand what you should and should not do, you can make better decisions despite the pressure.
Firstly, it’s crucial to understand that you still have rights. The police know this and they have a legal obligation to inform you of your rights.
Accept they are going to arrest you
You’ve probably seen instances on the news where someone who resisted arrest, or the police claimed resisted arrest, did not live to tell the tale. Getting arrested is no fun, but whatever you do, avoid anything that the officers could interpret as resistance.
Tell the police you do not wish to talk
If you do not express your choice to remain silent, the police will continue probing you with questions. Once you tell them you, all questioning should cease. You should, however, answer truthfully if they request your name, date of birth and address. Other than it’s best to avoid talking, as you might say something that harms your defense.
The police should let you make at least one phone call. Contacting someone serves several purposes:
- It lets them know you are safe and have not had a nasty accident
- They can arrange an attorney
- They can tell your boss you won’t be able to work and make arrangements to cover childcare and other necessary tasks.
From this point on, it’s about talking to your attorney and following their advice about what to do next to increase the chance you beat the charge.