What to do if stopped or arrested

• Above all, remain calm and admit nothing.

• If you are driving your car and you are stopped, you should treat the officer detaining you with respect, even if you were stopped because of a racial or ethnic profile and you are about to be searched illegally. Stops are often videotaped. The tape can be your friend as well as your enemy. You may also be recorded sitting in a police car. Sometimes, two detainees are put in a car or interview room together to see if they will incriminate themselves on tape.

•You have a right to refuse consent to a search or to talk, and exercising that right cannot be used against you. Officers will often search whether you consent or not, so do not consent. You have a right to insist that a search only occur under authority of the law. You should insist on your rights but do not be confrontational.

• Make no statement without consulting a lawyer first. You have a right to remain silent, so use it. Many people are in prison solely because they gave the police enough to convict them by choosing to engage in a conversation with the police. Do not be tricked by being told that it will go better for you or you will get out of jail sooner if you talk. It is almost always a lie, and police are legally permitted to lie to you to get you to make a statement.

• If arrested, call your family so they can get you out of jail and hire a lawyer for you. If you do not get out of jail right away, the lawyer can help get bond reduced and remind the police not to talk to you. Don't spend more on bond than your lawyer -- permanent freedom is more important than temporary freedom.

•While in jail, do not talk about your case with your cellmates, jailers, your family, or anyone except your criminal defense lawyer. You never know when a cellmate will become a snitch and even make up things you said to him or her. You also never know when the others will turn on you, too.

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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright 2007 by John Wesley Hall, Jr. All rights reserved.
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