Getting arrested can be a scary and stressful process. There is a certain way you should handle things to get back your freedom quickly. From commonly known things like getting a lawyer to lesser-known things like not consenting to a search. Knowing what to do if you get arrested keeps you away from any further arrests, revoked bails, and a bad reputation.
Both the Fifth Amendment and Miranda Rights entitles you the right to remain silent. We've all seen it in movies where a police officer says." You have the right to remain silent, and everything you say can and will be used against you. Well this saying is a literal amendment. It will be stated when the arrest happens and before the interrogation happens. This means that you are not legally required to give any information besides your name and address. Working with a lawyer will help you figure out what and when to say things.
On a different note, if you continually plead the Fifth Amendment throughout your entire case the court members can and will use your silence against you. It is recommended that you only keep silent during the initial arrest until you have a lawyer. Only then can you begin to plead your case with the guidance of an attorney.
As mentioned before, getting a lawyer is one of the most important things to do, if you get arrested. Before moving any further with your case law officers are legally required to get you a lawyer. You can find and pay for a lawyer yourself or if you cannot afford a lawyer you can see if you qualify for a court-appointed attorney. Discussing your case and answering questions without an attorney can lead to accidental self-incrimination. A lawyer will guarantee your freedom and safety throughout the whole process.
Once you are admitted to jail most people are allowed bail. Find out when each court date is and put them in your calendar making sure you don't miss a single one. If you miss any court date your bail will be revoked and a warrant for your arrest will be put out. If for any reason you must miss a court date let your bail bond agent and courthouse know. See if there is any way you can work out a different date that works best for everyone. The best option though is to just make it to your court date. Going to every court date proves to the judge that you are reliable, and in return the judge and jury will be more willing to listen and vote in your favor. Bail jumping accidental or not makes you look very suspicious.
After you’ve been arrested they will allow one phone call. You should use that phone call to either call your family or call a lawyer. If you decide to call your family, first let them know what is going on and then ask them to get you a lawyer. Avoid dramatizing things and lying because non lawyer phone calls will be recorded and can be used against you. It’s best to just keep your phone call short and straight to the point.
If the police ask if they can commence a search, do not consent to it without your lawyer present. What they find will be used in court against you. Most times when police do a search without consent it means they have a warrant, but sometimes that's not the case. So, make sure you tell your lawyer exactly what the police asked and exactly what they did. Your lawyer will be able to find out if there was a warrant, if there was not and they did a search anyway you will have evidence to use in your favor during court.
Before being admitted to jail police will take all of your belongings including your cell phone. Shutting off your phone before handing it over is important for two reasons. One being that if it is opened police don't need a warrant to search through it and it is likely that what they find they will use against you. That being said, if the police do have a warrant you will be legally required to give them the password.
Secondly after you are released you can get your belongings back which is good because you will need your phone to contact people and get a ride. If you did not shut off your phone it most likely would be dead. So, if you don't want to be stranded then shut off your phone before handing it over to the police.
When out on bail be very careful when posting on social media. What you post can be used as evidence against you in court. Even if you post something very simple and seemingly innocent you could be posting incriminating evidence. This is one of the times where you will be responsible for how someone takes something. That being said, make sure that you don't post about the case unless it's absolutely necessary. In an instance where it's necessary make sure to wait until the case is completely over and always tell the whole truth remembering that some pieces of information are confidential. It's also important that you don't hurt anyone else involved in the case. In the end it's much easier if you simply avoid posting on social media about the case at all.
After reading this you should know what to do if you get arrested. Remain silent, never consent to anything without your lawyer, do not lie, and follow all the rules. This will lessen the amount of time you spend in jail and in the courts. Keep on the good side of the law and you will avoid any further issues.