Understanding Your Rights During an Arrest
Being arrested is a daunting experience that many may face. The manner in which you handle the situation can significantly impact the outcome of your case. Therefore, knowing what to say and what to refrain from discussing with police is essential.
Provide Essential Information
Firstly, it's necessary to share your basic identifying information with officers. When approached by law enforcement, comply with requests to provide your name, address, and date of birth, as this is legally required. Remaining cooperative can portray you as compliant and may help de-escalate the situation. However, refrain from giving any additional information unless your attorney is present.
Do Not Consent to Searches
A critical point to remember is that you do not have to consent to any searches of your vehicle. If the police have a valid reason or possess a search warrant, they may search your vehicle lawfully. But consenting can relinquish your right to challenge the search's legality later. When asked if they can conduct a search, clearly state,
“I do not consent to a search.” This opens the door to contesting any findings they make later in court.
The Importance of Silence
Most people have heard that they have the right to remain silent during an arrest. This right should be taken seriously because anything you say can be used against you in court. The moment you are arrested, you can choose to remain silent or inform the officer by saying,
“I am going to remain silent. I would like to speak to an attorney.” This should halt any questioning from the police immediately.
Jonathan W. McConnell, a founding criminal defense attorney at the McConnell Law Firm in Wichita, stresses that the less you say, the better. For example, if you're arrested for DUI, continuing to converse might reveal evidence of intoxication, such as slurred speech or repetition.
Avoiding Admissions of Guilt
It may seem instinctual to defend yourself, but resist the temptation to admit or partially admit guilt when speaking with law enforcement. Even well-meaning explanations can be twisted into evidence against you. Avoid statements that might be interpreted as an admission of guilt, like: