Massachusetts Legal Developments Blog

What to do if You are Arrested

A routine Saturday night law enforcement patrol in Jamaica Plain recently led to three arrests following a chase and a struggle between law enforcement and a teenager with a loaded gun.

The incident occurred when law enforcement saw a group of teens with whom they had previous encounters. When law enforcement tried to speak with the group, one of the members ran off down the street. A chase ensued and a violent struggle occurred in the entryway of a building. A second teenager also tried to fight with law enforcement officers, but he was arrested.

While law enforcement officers were arresting the first teenager, an officer noticed that he was keeping a gun close to his chest. When law enforcement began to take this gun from him, they were attacked by the teenager’s mother. As a result, both the teenager and his mother were placed under arrest.

Being arrested can be an overwhelming and frightening experience. While many people are left uncertain about how to respond, though, most people know that it is a bad idea to attack a law enforcement officer while he or she is performing an arrest. This article reviews some of the important steps that you should follow if you are arrested.

Remain Silent

Under the Fifth Amendment, you have the right to remain silent and it is a wise idea to use it. You should politely inform law enforcement that you intend to remain silent. Even if you are innocent, there is rarely an advantage to talking to a law enforcement officer in the heat of the moment.

Remain Calm

If you are placed under arrest, law enforcement will carefully study your response. There is a significant risk that any display of nervousness will lead law enforcement to believe that you are hiding something and that can be used against you later on. Instead, remain as calm as possible during an arrest.

Treat Law Enforcement Respectfully

Even if you feel that you were unfairly arrested or that your rights are being violated, it is critical to treat law enforcement in a courteous manner. Any comments that you make to law enforcement are included in police reports.

Avoid Consenting to Any Searches

No matter where you arrested, law enforcement often asks for consent to search the area. Fortunately, you have the ability to refuse consent. In some situations, law enforcement will find another way to search your property, which might include obtaining a warrant or impounding your vehicle. In most situations, individuals are also searched before being placed in jail. Refusing consent, however, decreases the chance that something will be found on your person that can later be used as evidence against you.

Speak with an Experienced Criminal Defense Lawyer

If you have been arrested, it is important to quickly obtain the assistance of a skilled attorney who can help you create a strong legal defense. Contact attorney Edward R Molari today to schedule an initial free consultation.