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BEEN ARRESTED? NOW WHAT? | The Law Offices of Smith & Gaynor, P.C.

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BEEN ARRESTED? NOW WHAT?

Being placed under arrest can be very scary. Depending upon your offense, you may be facing severe penalties, including imprisonment and fines, if you are proven guilty. So, what should you do if you are arrested?

1. Don’t talk to police. You have the right to remain silent when you are arrested, and anything you say can be used against you in court. You also have the right to an attorney before questioning. These are known as Miranda rights, and when you invoke them, the police must stop questioning you and honor your request to speak to an attorney. It’s always a good idea to invoke your Miranda rights immediately upon arrest and not speak to the police to avoid accidentally incriminating yourself.

2. Don’t talk in jail. If you shoot your mouth off in jail to other inmates, you wouldn’t be the first foolish arrestee to do so, but try to refrain from saying anything to anyone at all costs. Talking to other inmates about your arrest has no upside. Even though you have been arrested, you still may be able to negotiate a plea bargain with the help of your attorney or even have your case dismissed. So don’t discuss the details of your case with anyone other than your attorney. Resist the urge to run the details of your case by the resident inmate who has a lot of “experience” in the justice system. Furthermore, be aware that many phone conversations in jail are recorded, so be careful about what you say on the phone to a family member or friend.

3. Hire an experienced criminal defense lawyer. Consult with an experienced criminal defense lawyer right away. Your lawyer will review the details of your arrest, the facts of your case, and the law to advise you about your best course of action. An experienced lawyer may even be able to get your criminal charges reduced or dismissed.

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