Article

How To Act During An Arrest

Written by Hipolito Luetmer

Topic: Legal ServicesPublished April 7, 2012
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It can be tough to think clearly immediately after an arrest. A great number of arrestees are scared regarding the social stigmas, personal effects, monetary consequences, legal consequences and the affect of one's arrest on their families. Nevertheless, it is important to stay focused and to take the steps necessary to be sure that all of your legal rights are guarded. At the time of your arrest, a police officer ought to provide you with your Miranda Rights. They're not just a formality but instead an important part of your arrest.  rnThe Miranda Rights include your right to keep silent. This is a fundamental right grounded in the Fifth Amendment to the U.S. Constitution which protects somebody from becoming a witness against themself in a criminal trial. While you should identify yourself upon police request by stating your name and address or furnishing your driver’s license or state ID, you will not be required to answer further questions asked to you by a police officer. However, it is in your best interest to be polite. For example, you can calmly declare that you're going to not be answering questions until you have consulted with your criminal defense lawyer.  rnWhile you are not required to answer the questions posed by police officers, you are required to stay in their custody until your attorney has secured your release or a judge has set bail which you have met.   You should by no means try to escape from police custody. This will only compound the charges against you and enhance your possibilities of staying in jail.  rnSometimes things go wrong during an arrest. An officer may violate your rights or use excessive force, for instance. These specifics may be important in your personal defense and therefore are always key for the officer’s superiors to become informed of. For these reasons, it is vital that you pay careful attention to every thing that transpires during your arrest and write it down as soon as possible after your arrest. Witnesses to your arrest can be crucial in this regard and may be in a position to testify about any police misconduct or error that happened in the course of your arrest. Many police cruisers are equipped with video surveillance that might be obtained during the discovery phase of a trial and may be a critical piece of evidence if you are alleging police misconduct or that you didn't commit the crime at issue.  rnYour criminal attorney may help you at the time of your arrest and all through your criminal proceedings. After you provide the police your name, address and telephone number you aren't obligated to speak with them without your criminal lawyer present. Keep in mind, if you cannot afford a criminal defense attorney then the court will appoint a criminal lawyer to your case.  rnYour criminal attorney can begin helping you as soon as you phone him after your arrest. Your criminal defense attorney will assist you during police questioning, bond hearings, plea bargaining and all aspects of your trial.

Garrett Law Group, PLC in Virginia Beach, VA. (757) 422-4646rn  Va Beach Criminal Attorneys   Criminal Attorney in Virginia Beach

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