How to Behave if You Get Arrested

Avoid consenting to a search. The police can perform a pat down if they have “reasonable suspicion” that you have a weapon on you. They may also search your vehicle if they arrest you or if they have “probable cause” that your car contains evidence of a crime.^[7] However, the police often try to get you to consent to a search.

• If you consent, then the police don’t need any sort of suspicion or probable cause. For this reason, you should not consent to the search of your vehicle or belongings.^[8]
• If the officer asks, “Can I look in your trunk?” then you need to politely say, “I don’t give you permission, officer.”

State you want to remain silent. You have to answer some basic questions. For example, you have to identify yourself and your address. You also have to show your photo identification, if you have it on you.^[9] However, you are not constitutionally required to answer any other questions the police might ask.

• You should instead say that you want to remain silent. You must actually say, “I want to remain silent.” It’s not enough simply to be quiet.
• Sometimes, police don’t like it when you know the law. Unfortunately, you may be escalating the situation by telling the police you want to be quiet. Nevertheless, silence is so important that you need to run the risk of the officer getting angry with you.
• Remember, you should only confess to your lawyer. The police are not your friends, they're the aides to the prosecutor who is your opponent in court and will try to convince the jury that you're guilty.

Do not talk to the police without your lawyer. After being arrested, the officers will bring you in for questioning. The police are allowed to lie to you during questioning, but it is a crime to lie to them. Fortunately, it is not a crime to refuse to answer questions from the police and they cannot use your refusal against you, therefore, you should only state you want a lawyer (your lawyer can get you out of trouble as it's their job to defend their clients). At that point, the officers must leave you alone (if they continue to ask questions, repeat that you want a lawyer). Be very careful, you are being recorded and if you say the wrong things, the prosecutor will show the video of you saying it in court as evidence against you. Discuss what happened with your lawyer, not the police.^[10]

• It should be noted that even if you are innocent, you generally will not be able to convince the officers that they're wrong. This is why a jury was created to settle disputes from a neutral viewpoint. Judges cannot override a not-guilty decision, but they can overrule a guilty verdict.
• You can also put a stop to the interrogation by telling the officers you want to remain silent. You must tell them you want to remain silent to invoke that right. If you say you want to remain silent or you want a lawyer, the police must stop asking you questions.
• Also remember that the officer who is interrogating you would refuse to talk to the police and request a lawyer if they were the ones being arrested. Why wouldn't you do the same?
• If the police do not read your Miranda warnings, then this generally means you're allowed to leave. If so, you should immediately leave. If they don't let you leave, then ask for an attorney, and do not talk to the police!
• Do not sign anything the cops ask you to sign, it may be a trap. When the police ask you to sign something, say: "I refuse to sign this without my attorney present". Do not sign that form unless your attorney says it's safe to sign.
• The interrogator is trained to obtain confessions using the Reid Technique which is infamously known for getting innocent people to wrongly confess. The officer may lie:
  • The camera is turned off so it's safe to make incriminating statements.
  • Your friend told them everything and want to hear your side of the story.
  • If you talk to them, the sooner you will go home.
  • If you talk to them, your sentencing will go easier or they'll drop the charges.
  • Someone saw what you did and told them, they may make the person up.
  • Using fake evidence that makes you seem guilty.
  • You failed the lie detector test despite the results show you told the truth.
  • They saw you on footage doing the crime.
  • They are on your side or are your friend and trying to help you.
  • That asking for a lawyer is an admission of guilt.

Ask for an attorney. Once you are arrested, state that you want to talk to a lawyer. State clearly, “I want to talk to my lawyer.”^[11] Once you request an attorney, the interrogation must end. Under the constitution, you have the right to be represented by an attorney, but you also have the right to represent yourself in court. However, it can be guaranteed that representing yourself will lead to a conviction even if you're actually innocent. If you cannot afford an attorney, the state is obligated to provide you with a public defender for free.

• If you represent yourself in court, you must remember you are up for a losing battle. The most obvious reason is you lack the legal expertise that the prosecutor has. There are many other reasons why you're very much in a position to lose if you go by yourself:
  • Like judges, prosecutors are experts in criminal law and know how to direct or cross-examine witnesses, introduce evidence, make objections, and select a jury. It is highly unlikely that you possess any of these skills.
  • The judge is not legally allowed to help you. The judge may be generous to advise you on your constitutional rights, but anything beyond that is illegal and would require the judge to recuse themselves.
  • The law is very complicated. Going to court without representation is equivalent to performing your own surgery without the help of a medical doctor or attempting to rewire your own home without assistance from an electrician.
• By going to court with an attorney provides you with significant advantages:
  • Criminal defense attorneys are also experts in criminal law making them capable of fighting the prosecutor. They know how to cross-examine your accusers, challenge or block evidence used against you, make objections, and remove jurors who are biased against you. Finally, the prosecutor may be willing to talk with your lawyer about a deal (plea bargain) and your attorney will fight to give a better outcome than if you were to be convicted.
  • Your attorney will help you. Your lawyer will work with you from when you are entitled to one all the way until your trial. They will defend you from the charges, tell you what forms to submit, and what to do to keep yourself out of trouble.
  • The judge and the prosecutor most likely knows who your attorney is so they will take them more seriously than you. Experienced lawyers know how prosecutors play in court, such as identifying their weaknesses.

Remember everything. As soon as you are stopped by the police, you should be trying to build a defense. For example, you should remember as best as you can what the officer said and what you said in return. Remember these details so that you can tell your lawyer later. Also remember the following:

• Were you told you had the right to remain silent before being questioned? Were you also told you had the right to an attorney? If not, then you can probably get anything you say thrown out of court.
• Did the officer show you a warrant when they came to your home to arrest you? If not, then the arrest may be unconstitutional.
• Did you consent to any search? Be honest with your lawyer. If you consented, then you have limited defenses.
• Were the police rough with you? For example, the police might have sent a dog to bite and hold you without giving you a warning. Or the police might have put you in a choke hold although you weren’t resisting. Remember these details and tell your lawyer about the force the police used against you. You might be able to file a written complaint later.^[12]

Film the encounter, if you want. You have a constitutional right to film an encounter with police provided it happens in a public place.^[13] Although some states have tried to make it illegal to videotape police on the street, courts keep striking these laws down.

• However, you must always judge protecting your rights against how angry you might be making the police. Some officers could get aggressive if they don’t want to be video recorded. You have to balance preserving evidence against the need to defuse the situation.
• An alternative to filming is to ask bystanders to take down important information, like the squad car number and the names or descriptions of the officers. These bystanders could be important witnesses in the future.

Ask to call a lawyer. Each jail has its own procedures for allowing you to make a phone call. You might need a quarter to call at a pay phone. If you don’t have any money, then tell the person in charge.

• The booking process varies at each jail. You don’t have the right to an immediate phone call, so don’t start throwing your weight around by yelling, “I have the right to a phone call!” In fact, if you are aggressive with the police, they might delay your ability to call an attorney.^[14]
• Wait to be booked and then ask, “Can I make a phone call now?”
• Also be persistent. The police might process you then forget about you. You might have to ask the officer more than once. Always be polite: “I haven’t had a chance to make my phone call, officer. Can I call now?”

Call a friend or family member. Once you get to make a phone call, call someone you know will be home or know will answer their cell phone. This should be a responsible adult, such as a parent or grandparent, and not a friend who might be out partying.

• In some departments, the police might actually make the call for you. Give them the name and phone number of who you want to call. Police make the call for you so that you don’t contact someone and instruct them to destroy evidence or flee the police.
• If you can’t reach anyone on your first call, ask if you can make another. Police have discretion, and generally they will let you make as many calls as you need, provided you are not abusing the privilege.^[15]
• Line up your attorney first. This is your top priority. You can ask to make other phone calls—e.g., to your boss (to tell them you’ll miss work) or to arrange day care—but make sure to get a lawyer first.