Being accused and arrested for a crime is a scary and frustrating experience for individuals. This experience can be all the more freighting if you are not guilty of the crime. When individuals find themselves in this unfortunate situation, it is important to remember that you have rights! Law enforcement officers will only provide you with your right as they are constitutionally required to do so, so it is going to be up to you to understand your rights. In this blog, we provide three tips for individuals to keep in mind if you are questioned and/or arrested.
Remain Silent. Once you are arrested, police officers will read you what is known as your Miranda warning. The Miranda warning informs accused individuals they have “the right to remain silent” and “anything you say can and will be used against you in a court of law.” This warning should be taken to heart if you are arrested because your words will be used against you. While many may believe innocent people don’t confess to crimes, this is simply not the case. Considering the pressure and emotions that are involved in arrests, individuals make mistakes and say things they don’t mean, or misremember things in the heat of the moment. Its best practice to remain silent and collect yourself before discussing anything with law enforcement.
Do Not Resist Arrest. This too is hard to remember in the heat of the moment, especially if you are innocent. However, if law enforcement is set on arresting you, there is no amount of resisting that will change law enforcement’s mind. In fact, resisting will only lead to further trouble for you, and could actually lead to you being charged with a misdemeanor crime for resisting arrest. The only practice is to simply comply with law enforcement and prevent and additional harm.
Do Not Try to Run. If you are made aware that an arrest warrant has been issued for you, or someone you know, do not try to run to avoid being arrested. Again, if law enforcement has issued an arrest warrant, they are going to do everything in their power to arrest you. Therefore, the best way to get ahead in defending against the crime is to stay put and follow the advice of your counsel. Furthermore, “running” gives the perception that you are guilty, regardless of whether or not you actually are guilty. As such, running could be detrimental in defending your case. As scary as it may be, running is never the answer to getting the charges against you dropped.
Being arrested and accused of criminal conduct is scary. Moreover, individuals oftentimes feel alone or trapped when they find themselves in such situations. However, remember that you aren’t alone or trapped. You have rights and you have options. If you find yourself in trouble, skilled defense counsel is crucial to protect your rights. This blog is written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of criminal cases throughout Indiana. This blog is not intended as legal advice or a solicitation for services. It is an advertisement.