Someone has been arrested, what should we do?

There are normally two things to consider in the crucial moments which follow an arrest. The first is securing the person’s release from jail as soon as possible. There are a variety of ways this may be accomplished. Which particular procedure is best depends on the facts of each case. But in most cases hiring a respected bondsman is paramount. If an attorney posts the bond, you are required by law to remain with that attorney. IN other words, you cannot hire a new attorney in the future without forfeiting the bond you have already paid.

The second concern is to preserve and develop the arrested person’s ability to defend against the accusations. It is best for the accused to refrain from making statements to anyone concerning the case until he or she has been fully able to consult with an attorney.

In almost EVERY SITUATION, it is best to remain silent. This is YOUR RIGHT. Exercise it!

KNOW YOUR RIGHTS
Five Rules of Survival in the Criminal Justice Jungle

Rule No. 1: Never under any circumstance consent to a search. NEVER. Do not consent to a search of your car. Don not consent to a search of your home. Do not consent ot a search of your friend’s apartment. Do not consent to a search of your person. Do not consent even if the police tell you they have a warrant. Do not consent. EVER.

Rule No. 2: Never physically resist a police officer. Physical resistance is always illegal (unless the police are using excessive force against you, then you may offer “reasonable force” in self defense.) Remember: You SAY “I do not consent” – you DO nothing to resist.

Rule No. 3: When you are a suspect in a criminal case, NEVER give any statements to the police, and never sign anything. Do not give written statements to the police. Do not give verbal statements to the police. Do not talk to them at all, except to say “My lawyer has told me not to answer any questions.” When they ask you a question, you ask to see your attorney. The sole exception: You must provide the police with your legal name, date of birth, and address for identification purposes. It is illegal for you to fail to do so upon request.

Rule No. 4: If you have been drinking alcoholic beverages, avoid the police if at all possible. If a police officer smells alcohol on your breath, you are very likely to be arrested for DWI (if you are driving) or public intoxication (if you are not driving). If you must have contact with a police officer when you have been drinking, try to keep the contact as short as possible and try not to let the officer smell your breath. Never under any circumstances argue with a police officer if you have been drinking. That’s a guaranteed trip to jail.

Rule No. 5: Do not be an ass to police officers. Be polite. Police have far too much power in the streets for you and I to smart off to them. The streets are their “home field”. If you need to say something derogatory about the police, wait until we get them into the courthouse – that’s our “home court”.

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