What should I do if I think I am going to be arrested?
Unfortunately, most of the time when people think that they might be arrested or that they are the suspect in a crime, they do not take the time to consult with a criminal defense lawyer. He or she typically falls victim to police strategies and winds up incriminating themselves beyond repair, while making decisions that aid in the prosecution of their case. This blog, while not intended to provide legal advice, seeks to provide its readers with a general overview of some things to consider.
Contact a criminal defense attorney before being arrested
First, we recommend that you contact a criminal defense lawyer. A criminal defense attorney will be able to provide you with advice regarding the law, your constitutional rights, and turning yourself in.
In the interest of protecting constitutional rights, Gilles Law will speak briefly with those facing imminent arrest free of charge in order to offer some emergency counsel.
Do not speak to the police
Next, if you are suspected of a crime, we recommend that you DO NOT speak to the police. At all. Under any circumstances. If you feel that you must, contact a criminal defense lawyer first.
Many times, criminal suspects cannot resist the urge to try to “clear things up.” Almost 100% of the time, what they end up doing is admitting to the elements of a crime and offering the State a case against themselves, complete with a ribbon and a bow.
What many people fail to consider is that police are trained to get suspects to talk. They are trained to make a case against you. If police are investigating you in a crime, they are NOT your buddy. Their job is to get enough information to arrest you and to build a case against you. They are gathering evidence to be used against you, not to be used to your benefit. Also, note that police are allowed to lie to you and coerce you.
Click here to read our blog on Miranda Warnings.
Do not make any incriminating statements to anyone
Do not talk to anyone but a criminal defense lawyer about your case. Any statement made to anyone other than a privileged party (such as a spouse or lawyer) can be used against you.
Be very mindful of what you text to people (even your best friends).
Exercise caution when posting on social media. In cases where the deletion of a social media account would not constitute unlawful destruction of evidence, you may even consider deleting your social medial accounts.
Click here to for an in-depth discussion about how your statements can be used against you.
Do not consent to any searches of your home, vehicle, person, or belongings. DO NOT DO IT. This cannot be stressed enough. Click here to read about why you should not consent to warrantless searches and how to assert your constitutional right against such searches.
Please note that this blog provides general ideas about what you may want to consider if you think you might be suspected of a crime. Every individual person and case is different. This piece is not intended to be legal advice and certainly should not be read in lieu of talking to a criminal defense lawyer.