What You Should Do if You’re Arrested
If you’ve found yourself in a situation where you're being arrested, the moment can feel overwhelming. Emotions run high, and you might feel confused, scared, or unsure about what’s coming next. However, it’s important to remember that how you handle yourself in the moment can have a major impact on your case moving forward.
It’s essential to stay calm and make the right decisions. Having a professional criminal defense lawyer by your side can make a great deal of difference as you go through the legal process. Friedrich Law Office, P.C. is an experienced criminal defense law office in Missouri. Let’s walk through what you should do if you're arrested and how hiring a skilled attorney can protect your rights and help you through the legal system.
Stay Calm and Composed
The first thing to keep in mind if you’re arrested is to remain calm. It’s easy to get emotional or upset, but your demeanor can impact how the arresting officers treat you and how things proceed. Even if you believe the arrest is unjustified, it’s important not to resist or argue with the officers.
Why resisting can make things worse: Missouri law enforcement officers have the authority to arrest individuals if they have probable cause to believe a crime has been committed. Resisting arrest or obstructing officers could lead to additional charges and complicate your case.
Even if you feel the arrest is not warranted, resist the temptation to argue or try to flee. It’s best to stay quiet, comply with the officer’s instructions, and address any concerns through legal channels later.
Your right to remain silent: You have the right to remain silent under the Fifth Amendment. While it's natural to want to explain your side of the story, anything you say could be used against you in court. A common mistake many people make during an arrest is trying to talk their way out of the situation.
Instead, calmly tell the officers you wish to remain silent and that you'd like to speak with a criminal defense lawyer as soon as possible. This will help protect your rights and avoid saying something that could be misinterpreted or used against you.
Do Not Consent to Searches Without a Warrant
When you’re arrested, the police may want to search your belongings or your vehicle. Under the Fourth Amendment of the U.S. Constitution, you are protected from unreasonable searches and seizures. Unless the police have a warrant or there are extenuating circumstances (such as immediate danger), they cannot legally search you or your property without your consent.
If the officers ask for permission to search your vehicle or belongings, calmly and politely refuse. You can say something like, “I do not consent to a search.” While this may not stop the search from happening, it’s important to make it clear that you don’t give permission. Later, your criminal defense lawyer can argue that the search was unlawful if any evidence from that search is used against you.
Missouri law, like federal law, upholds your constitutional rights. You have the right to ask if you are being arrested, why you are being detained, and whether or not you’re free to leave. If the officers are not providing clear answers, don’t escalate the situation—just be aware of your rights.
Request a Criminal Defense Lawyer Immediately
After you’ve been arrested, the next important step is to request an experienced criminal defense lawyer right away. Your lawyer will be your advocate throughout the entire process. Having a skilled criminal defense lawyer in Harrisonville, Missouri, or nearby areas like Raymore or Butler can make a major difference in the outcome of your case.
Many people make the mistake of assuming they can handle their legal situation without professional help. However, criminal charges are serious, and the consequences can be severe, ranging from fines to jail time. A criminal defense lawyer will:
Protect your rights and assure you're treated fairly
Review the evidence against you
Provide you with expert advice about whether or not you should speak with law enforcement
Help you understand the charges and possible defenses
Fight for the best possible outcome in court
An experienced lawyer will also be familiar with the local court system in Harrisonville, Raymore, Butler, and other surrounding areas. They know the prosecutors, judges, and court procedures, which can give you an advantage in your case.
Be Aware of Your Rights During Interrogation
Once you’re in police custody, you may be asked to answer questions about the alleged crime. You have the right to remain silent, and it’s often in your best interest to exercise this right. Anything you say can be used against you, so it’s crucial not to talk to the police without your lawyer present.
The Miranda warning: Before questioning begins, officers are required to inform you of your Miranda rights. These rights include your right to remain silent and your right to an attorney. If the police don’t give you the Miranda warning before questioning, anything you say may not be admissible in court.
If you’ve been arrested and are read your rights, it's a clear indication that you should remain silent and ask for a criminal defense lawyer immediately. Your lawyer will help you decide whether or not you should cooperate with the investigation or whether it’s best to wait for your lawyer to be present.
Attend Your First Court Appearance (The Arraignment)
In Missouri, after you’re arrested, you’ll be brought before a judge for your first court appearance, also known as an arraignment. During this appearance, the judge will formally read the charges against you, and you’ll have the opportunity to enter a plea.
Importance of having a lawyer at arraignment: This is an important stage of your case. Having an experienced criminal defense lawyer by your side can help assure that the process goes smoothly. The lawyer can argue for your release on bond (bail) and make sure you understand the charges you face.
You’ll also have the chance to discuss possible defenses with your attorney. For example, if you were wrongfully arrested or there was a violation of your rights during the arrest, your lawyer can raise these issues with the court.
Understand the Consequences of Your Charges
It’s vital to understand the potential consequences of the charges you face. Whether you’re being charged with a misdemeanor or a felony, the repercussions can range from fines to jail time. In some cases, you might be eligible for diversion programs or other alternatives to traditional punishment. Your lawyer will explain your options and help you make informed decisions.
According to the U.S. Department of Justice, nearly 70% of individuals who were represented by a public defender or private criminal defense lawyer had their charges reduced, dismissed, or found not guilty in their cases. This shows just how much of a difference a criminal defense lawyer can make in the outcome of a case. Without proper legal representation, individuals are at a significant disadvantage.
Stay in Contact with Your Lawyer
Throughout the case process, keep in touch with your criminal defense lawyer. They will need information from you, and they will update you on the progress of your case. If you have any questions or concerns, don’t hesitate to ask your lawyer. They will guide you through the legal process and help you make the best decisions for your situation.
The importance of preparation: In many cases, your lawyer will gather evidence, interview witnesses, and build a defense strategy to assure the best possible outcome. This preparation is key to securing favorable results, whether through a plea bargain or taking the case to trial. By maintaining open communication with your lawyer, you’ll help them build the strongest defense on your behalf.
Contact Our Criminal Defense Lawyer Today
Facing an arrest and criminal charges in Harrisonville, Raymore, Butler, or anywhere else in Missouri is a daunting experience. However, knowing what to do during the arrest and immediately afterward can make a significant difference in how your case is handled. The most important step you can take is to request an experienced criminal defense lawyer as soon as possible.
A professional criminal defense lawyer can help you understand the charges against you, protect your rights, and guide you through the legal process. They’ll fight for the best possible outcome and assure that you have the best defense available. If you’ve been arrested, don’t hesitate to reach out to Scott Friedrich or Tyler Friedrich at our firm. We know the system and can advocate for your future.