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What to do if you are arrested
For most people, a criminal cases begins with little or no warning – they are simply arrested by the
Police. While the term "arrest" has a legal definition, for the non-lawyer what is important to keep in mind is that an arrest
can occur at any time or place. All that is required is that a police officer reasonably believe that the person
to be arrested is committing or has committed a crime.
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If you are ARRESTED it is critical
that you:
Do not speak to the police about the charges, or answer questions about what happened.
Do not sign anything.
Do not write anything out.
Do not consent to any search of your property, person, or premises.
Do not consent to being in a line-up.
DO REQUEST THE PRESENCE OF YOUR ATTORNEY.
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Many people feel that if they explain their side of the story, the police will either make the charges go
away or reduce them in severity. This belief is sorely mistaken. By the time a person is being questioned by a police officer,
it is too late – the police officer has already made up his mind. Also, many police officers are skilled questioners
and can, and will, manipulate a conversation in a direction that hurts the person being questioned. In fact, the Newspapers
routinely report upon criminal cases being overturned because police officers utilized their interrogation skills to manipulate
innocent people into falsely confessing to crimes.
To avoid, the pitfalls of being arrested you must politely decline to talk to the police and request the presence of an attorney. DO NOT BE DISSUADED. The police will try to talk you out of your request for an
attorney or simply ignore your request in the hopes that as time passes you will become discouraged and talk to them. Remain
strong, and be firm, but polite and continue to request the presence of your attorney.
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"The Police interrogator is a salesman, a huckster as thieving and
silver-tongued as any person whoever moved used cars or aluminum siding - more so, in fact, when you consider that he's selling
long prison terms and, in some cases, death to customers who have no genuine need for the product."
Unknown - circa 1991
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If you suspect that you are going to be ARRESTED, it is critical that you:
DO CONTACT AN ATTORNEY IMMEDIATELY.
Do not go to the precinct or agree to meet with the police officer without an attorney.
Do not speak to the police about the charges, or answer questions about what happened.
Do not sign anything.
Do not write anything out.
Do not consent to any search of your property, person, or premises.
Do not consent to being in a line-up.
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On occasion, a person becomes aware that the police are looking for him or her. Sometimes this happens by
the police officer leaving their business card at the person’s home or place of business, or they may reach the person
on the telephone. Invariably the police officer always indicates that they simply would like the person to come down to the
precinct to answer some questions. If you fall for the trap, you will be arrested and exposed to the police officer questioning
you without your attorney being present. Do not fall for the trap. DO NOT GO
TO THE PRECINCT WITHOUT AN ATTORNEY. Call your attorney immediately.
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