Three Things to Remember When You Are Arrested
Being placed under arrest can be confusing to someone who has never experienced it before, and even with experience, you can make legal mistakes. If you find yourself under arrest, there are several things to keep in mind during the process. The following are only three of them.
Never resist being arrested
If you believe the arresting officer is making a mistake, under no circumstances should you resit the arrest. This is not legal, so you are only hurting your case. Remain calm and let the arresting officer proceed with making an invalid arrest. If the arrest is unlawful, your attorney will be able to fight the issue in court and have the arrest overturned.
An officer can use force when making an arrest
The key to understanding what constitutes force is looking at it from the police officer's point of view. If the officer is attempting to place handcuffs on you and wants you to get on the ground in order to put the cuffs on, you need to get on the ground. A citizen doesn't have the right to tell the officer how to make the arrest. This is something that you can discuss with your attorney. What is important is that you follow instructions during the arrest procedure.
You may not be under arrest
It is important to understand. Police officers have the right to detain you without placing you under arrest. In some cases, they simply want to ask you questions about a recent event, for example a nearby robbery. It may be an interrogation or it may be an attempt to get information from a potential witness about a crime. You are under no legal mandate to answer these questions, but this may lead to your arrest. Sometimes a police officer will handcuff a person for their safety while they do a search of a vehicle or an individual's clothes. If you are being detained and not arrested, you still do not have to answer questions.
Once you have been placed under arrest, you will likely be read your rights, and even in the event you are not read your rights, always remember you still have them. Inform the arresting officer that you wish to remain silent and would like to speak to an attorney. At your first opportunity, contact a detroit criminal lawyer to help you. Under no circumstances should you answer questions or be speaking about anything after you are arrested. There is no advantage in doing so.