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ARREST

An arrest can happen quite suddenly and without expectation. Perhaps the most important thing to remember when getting arrested involuntarily is that under no circumstances should you resist or attempt to flee the police; this will only result in more significant charges.

During an arrest is not the time to make your case or insist upon your innocence. In fact at this point you should always simply invoke your right to remain silent.

The arresting officer, if he is going to interrogate you, should specifically tell you that you have the right to remain silent when reading your Miranda rights; you might as well exercise that right (but do ask for your lawyer.)

Whatever you say is only going to be held against you, at this point the officer has already made up his or her mind about the arrest and your guilt. You will have a chance to let your side of the story be heard, and hiring an experienced lawyer will exponentially increase your chances of appropriately getting your point across.

The key element to an arrest is a police officer exercising authority over a person. There are rules an officer must abide by to make a lawful arrest, which law enforcement does not always follow.

An officer can make an arrest if they witness a person commit a crime, if there is a warrant out for the individual, or if they have probable cause, meaning that the totality of circumstances has led the officer to believe that a crime has taken place or is about to be committed.

Probable cause gives law enforcement freedom to use their sound judgment in upholding the law. The scrutinization of the officer’s reasonable belief is often the basis for many unlawful arrest claims, as well as unlawful search and seizure and Miranda rights issues.

 

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