What Should I Do If I’m Arrested?
Remain Silent
If you’re arrested, the police undoubtedly are going to question you regarding the underlying crime. It’s important to remember that the police won’t be asking you these questions in search of the “truth” about what happened. (They’re already confident that you committed the crime. They just arrested you for it!) Instead, the goal of this post-arrest police questioning is to elicit incriminating statements that can be used to strengthen the prosecution’s case against you.
From the police perspective, you are most vulnerable and most likely to incriminate yourself at the time of arrest (and shortly thereafter while still in police custody). That’s because at that point, you don’t have an attorney. You are isolated, nervous, and confused. As a result, you’re less likely to invoke your constitutional protections and more likely to cooperate. The police - understandably - want to capitalize on this momentary vulnerability. So they take their best shot at eliciting a damaging statement from you immediately, before you can consult with an attorney.
In these situations, the police are trained to get you talking by any means necessary. They will lie to you (i.e., “we have eyewitnesses who told us what you did, we just want to hear it from you”). They will make false promises to you (i.e., offering leniency in exchange for your cooperation). They will pressure you (i.e., “the first person who admits what they did will get a break, we’re throwing the book at everybody else”). They will threaten you with trumped up jail time in cases where little or no jail time would actually be imposed if you were convicted. Simply stated, the police will try anything and everything to get you talking before and after the handcuffs go on.
In the face of these coercive and deceptive tactics, it is absolutely critical that you remain strong and remain silent. The importance of your silence in these arrest/post-arrest situations cannot be overstated. In my ten years of practice, I have seen too many cases where the most incriminating piece of evidence in the entire trial is the defendant’s own statement. Whether that statement takes the form of a full confession or just a self-serving lie that is contradicted by objective evidence, judges and juries tend to give great weight to incriminating statements made by the accused. In the end, a damaging statement from the defendant can turn a tough case for the prosecution into a slam dunk at trial.
It is also important to remember that an incriminating statement does not need to be recorded or memorialized in any way to be admitted into evidence at a pre-trial hearing or at trial. The police officer who heard the statement(s) can simply testify to what he or she heard when called to the stand as a witness.
So no matter how badly you want to explain yourself or proclaim your innocence to the police, don’t do it. Just keep your mouth shut and ask for an attorney. DO NOT answer any questions posed to you by the police and DO NOT make any spontaneous, unprompted statements to the police. This is the golden rule. Don’t violate it.
***An important note about Miranda rights***
At some point after you’ve been placed under arrest, but prior to questioning, the police should read you the Miranda warning. This warning informs you of your right to remain silent and your right to consult with/retain an attorney prior to any police questioning. (Normally these rights are glossed over by the police in an attempt to minimize their significance. In fact, many officers refer to the reading of the Miranda warning as a “mere formality.”) After informing you of these fundamental constitutional rights, the police will then ask if you wish to waive those rights and subject yourself to questioning.
This probably goes without saying at this point, but DO NOT waive your right to remain silent and DO NOT waive your right to consult with and retain an attorney prior to questioning. To the contrary, after being read the Miranda warning, you should invoke your right to remain silent and demand to speak to an attorney immediately. At that point, the police must end their attempts to question you.
Do Not Consent to Any Search
Before, during, or after your arrest, the police may ask you for consent to search a particular area (your home, your car, your phone, etc.). Usually, if a police officer is asking for your consent to conduct a search, it’s because he or she does not have the right to search that area without a warrant. If you give consent, a warrant is no longer required.
In response to a request for consent to search, you should emphatically and unequivocally communicate to the police that you DO NOT consent. If possible, be sure to proclaim to any witnesses within earshot that the police do not have your consent to conduct any search. If the police perform the search anyway, any evidence they recover may be thrown out later.
Contact an Attorney Immediately
At Bishop Law, we represent individuals charged with crimes throughout Western Pennsylvania. If you’ve been arrested, call or text us immediately at (412) 589-9422 for a free consultation and case evaluation with an experienced Pittsburgh criminal defense lawyer. We know your rights and we will zealously defend them.