Getting arrested is no fun, whether it’s your first time or something you tend to do a lot, but it’s not the end of the world (depending on the type of arrest, of course). It’s actually not uncommon to get arrested in the United States. According to Statista, the number or overall arrests in the U.S. usually reaches into the 10s of millions per year — with the exception of 2020 seeing just over seven millions arrests. If you become one of those 10 or so million people in any given year, the following information could be useful.
Understand why you’ve been arrested
To make an arrest, a police officer or detective must have probable cause to be believe that you’ve committed a crime. It is the officer’s responsibility to explain to you why you are being arrested and what specific crime they believe you committed. The arresting officer is required, by law, to read your Miranda Rights. You have the right, furthermore, to ask the officer what probable cause led to your detainment or arrest. At the time of your arrest you should be be aware of whether you are accused of committing a misdemeanor or a felony — the latter being the more serious of the two charges.
Stay silent and know your rights
Just like your Miranda Rights say, anything you say can — and often will be — used against you in criminal investigation and court. While it may be easier said than done — especially during a tense situation like an arrest — be mindful of what you say. If you are being detained or arrested, you are totally within your rights to refuse to answer any question a police officer asks you without first having an attorney present.
Be honest but don’t volunteer unnecessary info
If you do choose to answer an officer’s questions during an arrest, do not lie. Lying to a police officer is not only risky, but it’s actually illegal to do so. There are a variety of ways you can be charged with a crime for lying to police, from lying about your identity to lying to protect someone else (obstruction of justice). To avoid lying or giving up incriminating information, the best choice — always — is to remain silent. However, if you do find yourself answering questions, keep it basic and stick to only immediately necessary details. Don’t go into a long story telling the officer what you’ve done in the events of your day and don’t name names of people that you wouldn’t want to incriminate or involve in your situation.
Lawyer-up
If the police officer read your Miranda Rights (as they’re required to), you should be aware that a public defender will be provided to you if you can’t afford an attorney on your own. If you choose the public defender route, it is important to figure out who exactly your publicly-appointed attorney is prior to your first court date. Many public defenders are incredibly busy with high caseloads, but you can still contact the appropriate office to confirm yours by name and attempt to schedule a telephone conversation or in-person meeting prior to the “big day.” If you’re able to speak to your public defender before court, try to discuss your concerns with them.
Chelsea Hoffman is a true crime writer with over a decade of professional writing experience. She is best known for her coverage of missing people including the tragic disappearance of Madeleine McCann as well as the heartbreaking cases of Dylan Redwine, Heather Elvis and many others.
