Marinaro Law Firm

Marinaro Law Firm

Toll Free:
866-614-6520

Fierce Dedication To Detail, A Force In The Courtroom

Marinaro Law Firm

Marinaro Law Firm

Fierce Dedication To Detail, A Force In The Courtroom

Home 9 Uncategorized 9 What a Criminal Case Lawyer Wants You to Do After an Arrest

What a Criminal Case Lawyer Wants You to Do After an Arrest

A police officer handcuffs a person for drunk driving.

Have you ever thought about what you would do if you were arrested? Whether you committed a crime or not, being arrested can be a daunting experience. That’s why it’s so important that you know how to navigate the situation to build a solid defense. The way you interact with law enforcement and the words you say can significantly impact your time in court. So, what does a criminal case lawyer want you to do if you are arrested?

You’ll take steps, such as invoking your right to remain silent and requesting an attorney to safeguard yourself from potentially self-incriminating statements. Additionally, gathering witness information, taking photos, and understanding your rights in situations like DUI arrests are pivotal steps in preparing a robust defense. In this guide, we will delve into the essential actions to take after an arrest. We will provide invaluable insights through the lens of experienced criminal court lawyers to help individuals in Lancaster, PA, facing legal challenges.

1. Know Your Constitutional Protections

The U.S. Constitution grants crucial protections that are vital after an arrest. The Fourth Amendment safeguards you against unreasonable searches and seizures, while the Fifth Amendment covers your right to remain silent to avoid self-incrimination. This constitutional right means you do not have to answer questions posed by the police without an attorney present.

The Sixth Amendment guarantees your right to legal counsel. Even if you cannot afford a lawyer, the court must provide one. It’s imperative to assert these rights clearly and immediately. If the police continue to question you after you have invoked your rights, remain silent and wait for your attorney. Understanding these constitutional protections is the first step in ensuring your rights are not violated and forms the bedrock of your defense strategy.

2. Be Polite to Law Enforcement

A woman in a car hands her license to a police officer.

Interactions with law enforcement have a profound impact on your case. It is crucial to be polite and cooperative without compromising your rights. Treat officers with respect and keep your composure, no matter how stressful the situation may be. Remember, any aggressive behavior or resistance can be used against you in court and could potentially escalate the situation.

If you are asked to provide identification or comply with standard procedures like fingerprinting, do so calmly. However, being polite does not mean you should consent to any searches or waive your rights. You can courteously decline search requests and should explicitly state that you wish to have an attorney present before discussing your case. A respectful demeanor can only benefit you and may be viewed favorably by the court later on.

3. Exercise Your Right to Remain Silent

One of the most powerful rights you have is the right to remain silent. After an arrest, it is natural to feel the urge to explain your side of the story or to try to clear up misunderstandings. However, it is crucial to exercise your right to silence. Anything you say to law enforcement can be used against you in court, and even innocent remarks can be misconstrued and harm your defense.

When you are arrested, clearly state that you are invoking your right to remain silent and then stop speaking. Do not answer further questions without your attorney present. This action protects you from making self-incriminating statements. Silence cannot be used against you in court, and it gives your criminal case lawyer the best chance to build a strong defense on your behalf.

4. Request a Criminal Court Lawyer

As soon as you are detained, it’s imperative to ask for a criminal court lawyer. Do not wait until you are being interrogated or until charges are filed. The sooner you have legal representation, the better protected your rights will be. Insist on your right to an attorney and refrain from discussing your case with anyone until your lawyer is present.

Remember, law enforcement officials are skilled in interrogation tactics that can lead you to inadvertently incriminate yourself, even if you believe you are being helpful. A criminal case lawyer will guide you through the process, help you understand the charges against you, and start crafting a defense strategy tailored to your specific situation. Your lawyer will also ensure that you do not sign any documents or make any decisions that could negatively impact your case. The presence of an attorney can make a significant difference in the outcome of your case.

5. Collect Witness Information

If you’re able to do so at the scene of the arrest, gathering witness information can be invaluable. Witnesses may provide testimony that supports your version of events and helps establish a timeline that can be crucial for your defense. Ask for names, phone numbers, and addresses from anyone who may have seen what happened. Do this discreetly and respectfully, understanding that not everyone may be comfortable getting involved.

If possible, make a note of the exact location and time, as these details can be important later. Keep in mind that your attorney will likely follow up with these individuals for more formal statements. The information you collect should be handed over to your criminal case lawyer as soon as possible to help them build a stronger case on your behalf.

6. Take Pictures (Or Have Someone Else Take Them)

Photographs can serve as compelling evidence in your defense, capturing details that may not be noticeable at first glance or remembered later. If you’re in a position to do so, take clear pictures of the scene, including any relevant objects, landmarks, and the positions of people involved. If you are unable to take photos yourself, ask someone you trust to take them for you as soon as possible.

Document any injuries you may have sustained, property damage, or anything out of the ordinary that could be relevant to your case. Ensure the date and time settings on your camera or smartphone are accurate to establish a reliable timeline. Provide these images to your criminal case lawyer, as they can be pivotal in establishing facts and challenging the prosecution’s narrative.

7. For DUIs, Think Twice Before a Breathalyzer or Field Sobriety Exercise

A man refusing to take a breathalyzer test from a police officer.

When facing a DUI arrest, you will likely be asked to take a breathalyzer test or perform field sobriety exercises. It’s important to understand the implications of these tests. If it’s your first DUI, you may want to refuse these tests. It can prevent the prosecution from potentially obtaining incriminating evidence against you. However, on a second DUI, refusal may lead to immediate penalties, such as license suspension, so you may want to comply. Be advised that failing these tests can lead to more severe charges and be used as evidence in court.

Before deciding whether to submit to these tests, consider the potential consequences and, if possible, consult with a criminal case lawyer. An attorney can advise you on the best course of action based on your specific situation and the laws in Lancaster, PA. Remember, each decision you make can significantly impact the outcome of your case.

For a Criminal Case Lawyer in Lancaster, PA, Contact Marinaro Law Firm!

If you find yourself facing criminal charges in Lancaster, PA, reaching out to Marinaro Law Firm should be your next step. With years of experience and a deep understanding of the criminal justice system, our criminal case lawyer is prepared to defend your rights aggressively.

At Marinaro Law Firm, we prioritize clear communication and a strategic approach tailored to each client’s unique situation. Our team is committed to providing you with the competent legal representation you need during this challenging time. To discuss your case and learn more about how we can help, contact us to schedule a legal consultation. Protecting your rights and working towards the best possible outcome is our utmost goal. Don’t navigate the complexities of the legal system alone. Let our expertise be your guide.

Resources:

brand
  • american
  • national
  • satisfaction
  • lifetime