Law Office of Paul Damico

Been Arrested?

What to do if You are Arrested or Stopped by the Police: What follows are some things you should consider when you have certain contact with Law Enforcement.

IF YOU'RE STOPPED BY THE POLICE
Think carefully about your words, movement, body language, and emotions. Don't get into an argument with the police. Remember, anything you say or do can be used against you.
Keep your hands where the police can see them.
Don't run. Don't touch any police officer.
Don't resist even if you believe you are innocent.
Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.
Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.
Remember officers' badge and patrol car numbers.
Write down everything you remember ASAP.
Try to find witnesses, their names and phone numbers.
If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.
If you feel your rights have been violated, consult with an attorney and consider filing a written complaint with police department's internal affairs division or civilian complaint board.You should also remember that the police do not always have your best interest in mind. Remember that what you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.
You must show your driver's license and insurance when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested inTexas for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. Any incriminating evidence found may be admissible against you in court. If the police say they have a search warrant, ASK TO SEE IT. Do not interfere with, or obstruct the police -- you can be arrested for it.

IF YOU'RE STOPPED FOR QUESTIONING
It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. If you are asked to identify yourself, see above. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search. Ask if you are under arrest. If you are, you have a right to know why.
Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU'RE STOPPED IN YOUR CAR
Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.
If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.

IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION
You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.
Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge within a reasonable time after arrest. Do not make any decisions in your case until you have talked with a lawyer.

IN YOUR HOME
If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.
However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.
If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.