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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

Three Things to Avoid During Arrest

Posted on in Arrest

Being arrested can be quite overwhelming. You cannot control the circumstances surrounding your arrest, but you have the power to be smart about what you say and how you act. Equally important is your body language and tone of voice. Make the most of the situation by being cooperative and polite.

 Being cooperative does not mean offering damaging statements; simply comply with reasonable requests. For example, if the officer states that you are under arrest and requests for you to put your hands behind your back for handcuffing, do so calmly and quickly. Remember, dashboard cameras can be a silent witness to your arrest, in addition to witnesses in the form of onlookers and police officers at the scene.

1. Never admit guilt.

Even if you feel that you were wrong, do not admit to committing the crime. Try to say as little as possible when you are arrested. Be sure to give accurate information to verify your identity. In some arrest cases, people have been mistakenly identified or, worse yet, purposefully have given false information to the arresting office, which often results in additional charges of obstruction of justice being filed. Be honest about who you are, but never confess to any offense. Let your criminal defense attorney speak for you.

2. Do not speak to others about the offense.

If police officers plan to question you, they may make an oral or written statement known as Miranda Rights. Just like on television, this statement informs you that you may remain silent or that you may choose to talk or answer the officers& questions. However, note that- anything you say can and will be used against you in a court of law. Whether the officers question you before or after informing you of such rights, be careful what you say in their presence. Even talking to someone else, a friend, a neighbor, or a family member may be submitted as evidence in your case because it is an exception to the hearsay rule.

3. Never make a written statement.

Often times, the arresting officer will ask you to write down your recollection of an event.  It is never in your best interest to do so.  Voluntary written statements may be introduced into evidence in court.  You may think that if you only tell the officers what happened that the charges will be dismissed or dropped.  Unfortunately, this is rarely case.  The best policy to politely refuse to make a written voluntary statement, no matter how many times the officer may ask you to do so.

 If you have been arrested in the Chicagoland area for any reason or you are the subject of a police investigation, contact an experience defense attorney today for help with your case.

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