Being arrested for a crime can definitely be one of the most traumatic events someone may face in their life. In the blink of an eye, everything could change. An arrest is extremely frightening regardless of if it’s your first encounter with the criminal justice system or if you have a record. In a flash, you’re a free person and then a prisoner. Your new accessories include handcuffs, chains and a prison uniform. You go from having your independence stripped away and you’re displaced from your home and separated from your family and friends. You feel like you’ve lost everything. You can see your freedom, your future, your identity and your hope slipping out of your hands. You’re overwhelmed with despair, fear and helplessness.
But being placed under arrest does not have to destroy your life. If you have been arrested, the best way to beat the disorientation, distress and hopelessness is knowing how “the system” works and having the criminal defense team at Schulze Law on your side. Don’t delay and call us today to discuss your case.
During an arrest things can happen fast. You’re scared, light’s are flashing, law enforcement is surrounding you and panic may strike. It’s easy to make a mistake when you’re in a vulnerable position that could significantly affect your case and ultimately your future. Don’t let confusion, misunderstanding or a simple error end in a jail sentence.
Check out the ten most frequent mistakes we see when people have been arrested.
- Resisting Arrest:
Resisting an arrest can often be an automatic response. Regardless of guilt, you may want to fight against being placed in handcuffs and being detained. Defensive tactics and argumentative behavior may lead to even more charges. If you do not allow a law enforcement officer to place you in handcuffs, this can result in being charged with resisting arrest on top of the existing charges. Although it may be difficult and your instincts will kick in to get you the heck out of the situation, if a police officer wants to arrest you, simply let them. You might know 100% that you are innocent or that the arrest is unjustified. Keep in mind that any sort of resistance can be seen as a crime and therefore can escalate the situation. It may not seem like it in the seconds you are being arrested, but you will be safer and more satisfied with the outcome if you never resist arrest.
- Not Remaining Silent:
When you have been arrested, it is your right to remain silent and you should exercise that right. By law the officer will read you your Miranda Rights and if you chose to speak, they can and most likely will use those statements against you in court. It is damaging to your case when you try to explain yourself and the situation or talk your way out of an arrest. As a general rule, exposing too much to an officer while under arrest is a recipe for disaster. Give the basic information such as identifying who you are but tell the officer you do not want to speak to them until you have an attorney from Schulze Law present. You don’t want to incriminate yourself even further or draw more suspicion to your case. It is definitely not in your best interest to run your mouth. Stop talking and only communicate what is completely necessary. Enough said.
- Admitting Guilt & Making Admissions:
You’re arrested. You know you’re in trouble. You believe the police are making a terrible mistake. You start thinking if you can explain yourself and the situation to the arresting officers, they will certainly recognize they are wrong and release you from arrest. Guess what? This never happens because they already think you’re guilty if they are arresting you, so no sweet talking will suffice. Your explanations will be seen as excuses and those excuses will most likely be recorded inaccurately. If an officer tries to convince you or even bully you into talking about the incident, don’t fall victim to their trap. Even if they guarantee that everything will work out to your advantage if you come clean and admit guilt. This is a massive mistake because in reality, not a darn thing is easier for you or your lawyer, but much easier for law enforcement. Don’t tell the officer you did it or take any sort of responsibility for the crime. This allows them to use your confessions against you. It is very difficult to get a confession excluded in court and just the fact that you confessed to anything can make you look even more guilty. Anything you admit will be used against you. Don’t let your words hurt you or the opportunity for your criminal defense attorney from Schulze Law to assist and help you.
- Not Understanding The Charges:
Make sure you know what you’re being charged with when you’re arrested. How many charges are there? Are they being filed as a misdemeanor or felony? Each crime has its own penalties and it’s important for you and your lawyer to know what is on the table. A combination of charges can lead to more serious charges and the punishment may be more serious.
- Blaming Others & Agreeing to Cooperate:
Don’t start playing the blame game. It will get you nowhere fast. Refrain from rambling off a list of who the police should be searching for instead of you because you’re just an “innocent victim” is a bad move. The truth is that you may have some solid intel on the actual criminal but that also implicates that you have information about the incident. Don’t blame others and don’t make stuff up about the case. You can’t lie to the police but they can say whatever they want to you. Sometimes an officer will offer you leniency if you cooperate. They are not in control of charges, prosecution, and sentencing and are probably just trying to get you to admit guilt. Don’t fall for it! Keep quiet and use those Fifth Amendment rights.
- Not Documenting The Incident:
The process during and post arrest can be extremely complicated. It will help you remember everything if you take notes and document as many facts, details and witnesses as possible. There may be things that you forget or seem irrelevant at the time but may end up being useful. Your attorney at Schulze Law can build a stronger case with more information.
- Admitting Guilt or Talking to Friends and Family About The Incident:
It is safe to assume anything and everything after your arrest will be known and possibly recorded. Don’t admit guilt or talk about your case with your friends, family, cellmates or via social media outlets. In fact, it’s a good call to stay off all your social media accounts and disable them until your case is complete. Prosecutors will attempt to uncover evidence against you on social media. Remember that conversations with friends and family are not confidential and the risk for them to be subpoenaed to testify against you in court is a real possibility.
8. Taking Legal Advice From Someone Other Than Your Attorney:
If you’ve been arrested, it may seem like a good idea to get advice from friends, family, people you know who have been arrested or any type of attorney. Hiring an experienced criminal defense attorney from Schulze Law is your very best choice to secure the proper representation you need. Unfortunately, sometimes people try to cut corners and think hiring a lawyer is too expensive and not worth the time. This is a major fallacy and attempting to solicit advice from unqualified individuals will only hurt you situation or cause you more time, money and freedom. Make it a priority to get the expertise you need.
- Not Hiring An Experienced Attorney Immediately:
If you have been arrested, it is imperative you hire an attorney right away. When you are given your first phone call, we recommend you use it to call a criminal defense lawyer at Schulze Law who can start working on you case immediately. The sooner we get cracking, the better your chances are at a better result. Success at trial and good plea deals occur because an attorney is prepared and fights zealously for your rights. Having the experienced attorneys at Schulze Law go to bat for you will make sure you are protected and that is important an invaluable.
- Lying To Your Attorney:
Just don’t do it. Lying to your attorney is ridiculous and quite frankly, they are the one who is on your side and fighting for you. Don’t hide anything even if you are embarrassed or think certain facts are irrelevant. The more facts, details and insight your attorney has, the stronger they can build your case and develop a powerful defense. Remember, everything you tell your attorney is confidential and will stay between the two of you. Honesty is definitely the best policy.
If you have been arrested, please know your rights. You still have rights regardless if you have been charged with a crime.
- You have the right to know the crime with which you have been charged.
- You have the right to know the name(s) of any policeman/woman you are dealing with.
- You have the right to one phone call within an hour after you have been informed of your right to call a family member, friend, or attorney to arrange bail.
- You have the right to hire an attorney. If you cannot afford an attorney, you have the right to request a court-appointed lawyer to represent you free of charge.
If you or someone you know needs assistance, we are here to help you. Contact us by calling 857-300-5300 or visiting our website https://schulzelaw.com/contact-us/
Many criminal cases never go to trial, and we aggressively stand for our clients’ interests during plea negotiations. But, as criminal representation, we are not afraid of the courtroom. And in trial, we are not intimidated by the prosecution.
With decades of experience and countless cases behind us, we cover many areas of criminal law. These types of criminal cases are serious and could result in: prison, probation, criminal records, unnecessary penalties & fines, or even worse. No one should have to fight criminal charges alone. With Schulze Law on your side, you won’t have to.
We cannot stress enough the importance of obtaining a strong defense team. The attorneys and staff of Schulze Law are the skilled, aggressive attorneys you need to make a positive difference in your life if you have been arrested.