Being arrested is one of the worst moments in a someone’s life. Being handcuffed is an immediate loss of freedom and change of status to prisoner. The Miranda warning is read, but everyone has heard it countless times on TV and the meaning of the words doesn’t really sink in. If there was ever a time to keep a cool head, this is it.
What You Must Tell the Police
When questioned by the police, you need to give the officer your correct name and produce any identification that is requested, such as your license and registration. Before answering any questions, state clearly, in the presence of witnesses if possible, that you want to talk to a criminal defense attorney in Allen County IN. Most of the time this will end the attempts by the police to continue questioning.
Don’t Make the Mistake of Thinking You Can Talk Your Way Out of It
It won’t happen. That ship has sailed. The officer only needed “probable cause” for the arrest. Anything that you say will be written down or recorded and could well end up being one of the biggest mistakes of your life. The police officer is not the judge or jury but has heard many people convict themselves by foolishly thinking they could talk their way out of it. Some of the hardest cases an attorney defends have talkative suspects.
Some people think that if they insist on remaining silent that the police will become convinced of their guilt. Don’t worry about that. First, there’s a constitutional right to remain silent. Second, as mentioned before, guilt is determined by a judge or jury.
Don’t Give Permission for Any Search in Any Location
When the police ask for permission to search, this usually means that they don’t think that they have the legal right for the search and need your permission. If they order you to turn over your keys, say very loudly, “I do NOT give you permission to search.” If any witnesses hear this, it could be possible to have anything that was found excluded from evidence at a later date. Beyond that statement, say nothing regardless of what is discovered.
Richard Thonert is a criminal defense attorney in Allen County IN with more than 35 years of criminal defense experience. Call today to talk to an attorney about your case. Check out Thonert.net for more information.
