What to Do If You’re Arrested: A Guide from a Criminal Defense Lawyer
What to Do If You’re Arrested: A Guide from a Criminal Defense Lawyer
Being arrested can be a frightening and disorienting experience, but knowing your rights and the correct steps to take can have a profound impact on your case. If you’re facing criminal charges in Maryland, the actions you take immediately following an arrest are critical to building a strong criminal defense. This guide, provided by a criminal defense lawyer, will help you navigate the initial stages of the legal process.
1. Stay Calm and Don’t Resist Arrest
Your first priority is to remain calm and non-confrontational. Do not physically resist the police officer, even if you believe the arrest is unjust. Resisting arrest can lead to additional charges and will not help your case. It may also provide a basis to remedy an otherwise unconstitutional search. Comply with the officer’s instructions and politely assert your rights.
2. Remain Silent
This is arguably the most important right you have: the right to remain silent. The police will read you your Miranda rights, which include “anything you say can and will be used against you in a court of law.” This is not a formality—it is a serious warning. Do not talk to the police about the alleged crime, even if you believe you are innocent. Do not answer questions, and politely but firmly state that you wish to remain silent and want to speak with a criminal defense lawyer.
3. Request a Criminal Defense Lawyer
As soon as you are able, clearly state that you want to speak with a criminal defense lawyer. The police cannot continue questioning you once you have made this request. This is your constitutional right, and exercising it is the best way to protect yourself. Do not let the police pressure you into talking or waiving your right to an attorney.
4. Do Not Consent to a Search
You have the right to refuse a search of your person, your vehicle, or your property unless the police have a valid search warrant. While police may search you for weapons after an arrest, they often ask for consent for a more thorough search. You are not obligated to agree. Politely and clearly state, “I do not consent to this search.”
5. Be Mindful of Your Actions at the Police Station
Even at the police station, you should continue to remain silent and wait for your lawyer. Avoid making small talk with police or other inmates. Remember that anything you say can be used against you. Your criminal defense lawyer will advise you on the best course of action during booking and any subsequent questioning.
The Importance of a DUI Attorney
If your arrest is for a DUI, the rules are slightly different, and the consequences are severe. In Maryland, an arrest for driving under the influence (DUI) often involves a request to take a breath or blood test. While you can refuse this test, doing so has consequences, including an automatic license suspension. A DUI attorney can help you navigate this complex issue and fight to get your license back at a Motor Vehicle Administration (MVA) hearing. Your DUI lawyer will also examine the legality of the traffic stop and the administration of the sobriety tests to build a strong defense.
If you or a loved one has been arrested, the most important decision you can make is to contact a skilled criminal defense lawyer. They can ensure your rights are protected from the very beginning of the process and work to achieve the best possible outcome for your case.