10 Things Not to Do After an Arrest

Posted By Matthew Clawson || 10-Jul-2014

  1. Do not try to convince the officer of your innocence– the police have already made up their mind to arrest you and feel they have probable cause for the arrest. By talking to the police, you may accidentally implicate yourself in the crime by admitting to being at the scene or providing incriminating statements to the police. Remember, anything you say can be misunderstood, mischaracterized, and even mistaken.
  1. Do not Run – If you run the police officer will take it as a sign of guilt. This action can be used against you in court and increase the possibility that you may be injured by the police during the chase. You may think you can outrun the officer, but it is difficult to outrun multiple officers with the radios that they carry.
  1. Do not answer any questions – anything you say can and will be used against you in court or to bolster their case against you. When the police question you, they are not trying to clear you from the crime. They have already placed you under arrest and are trying to get you to implicate yourself in the crime.
  1. Do not give permission to search anywhere - They are trying to find incriminating evidence that can implicate you in the crime or strengthen the case against you. Even if there is not evidence that could implicate you, giving them consent allows the police to search the area consented to and search the area for evidence to even other crimes.
  1. Do not resist arrest – even if you feel that it is an illegal arrest do not resist. If you resist you could be charged with additional crimes relating to the arrest. If you assault the officer, even if it is an illegal arrest, they could still charge and convict you on assaulting a police officer. Let the arrest happen and then attack the legality in court.
  1. Do not mouth off to the police - this will not win you any good will either in the eyes of the police or the court. Mouthing off to an officer may put a bull's-eye on your back during the situation and investigation.
  1. Do not speak to law enforcement officers without an attorney – always request a defense attorney when the police attempt to question you. This will protect your rights and you will have a Colorado Springs criminal defense lawyer as an advocate to speak on your behalf and advise you what questions to answer and not to answer. This will also protect you from the officers eliciting a false confession from you.
  1. Do not believe what the police are telling you to get you to talk – the police are not required to tell you the truth. The police are allowed to lie to you to get you to confess. The advice an officer gives you is often meant to scare you into saying something or doing something that helps convict you. If the police tell you that they have a witness, your fingerprints, or DNA this may just be a ploy to get you to confess even if they have no real evidence.
  1. If contacted at your house do not invite the officers in and refuse any requests to step outside to talk – in most situations, the police need a warrant to arrest you in your home. If they come to your house and ask you to step outside to talk, politely refuse and tell them that you are fine talking to them as you are. If you step outside, they can arrest you outside with getting a warrant to enter the house. In addition, refuse any request for the police to step inside to talk to you. If you invite them in, they are lawfully in your home and do not need a warrant to get into your home.
  1. If arrested outside your home do not accept the invitation to go back into your home to get dressed, put on a coat, etc. – this allows the officer into your home to conduct a search for their safety or attempt to see if there is any evidence in plain view.

To discuss your criminal defense options after an arrest, contact our lawyers today!

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