Getting arrested can be horrifying. However, it doesn’t matter whether you’re guilty of a crime or not—you should still investigate your rights.
How to handle harassment by law enforcement
If you do encounter law enforcement, it’s important to know and exercise your constitutional rights. According to criminal defense attorney Blaine McChesney, “If you feel like you’re being harassed by law enforcement, you should file an internal affairs investigation with the department. That’s how you stop harassment by a specific law enforcement officer or agency.”
Constitutional rights
In order to make the best decisions in an arrest situation, citizens need to know the basics of what they can and cannot do. “If you’re pulled over by law enforcement in a vehicle, you don’t have to consent to a search of your car although they will often ask you in a way that will make you think their intention is harmless,” says McChesney. “They may ask, ‘Do you mind if I check your vehicle for weapons or anything that might hurt me.’ Well, if they find your weed in the car, they are still going to be able to use that against you if you say ‘Sure go ahead.’ So, you do not have to consent to a search of your person and you do not have to consent to a search of your car.”
Don’t resist
Even though motorists have the right to tell officers they do not want them to search them or the vehicle, suspects need to still cooperate with police investigations.
“You can emphasize that ‘I do not consent to this,’” McChesney says, “but do not try and stop law enforcement from doing what they are going to do because they might have reasons to search you or your car and if you resist them that’s a charge.”
Protecting your children
If a parent has children present when an arrest takes place, law enforcement will call the Department of Children and Families if the suspected crime is a felony. Otherwise, caretakers will come and get the child.
“The Department of Children and Families generally does not get involved unless the charges implicate bad parenting or the crime involves or may harm the child,” McChesney says. Hiring an attorney will help sort through individual situations when it comes to specific charges and how those charges relate to parental rights.
Handling an arraignment
Attorneys have the authority to waive having their clients actually appear at their scheduled arraignment. The attorney can further explain the charges and help clients make educated decisions about the next steps. Once someone is arrested, he or she has 48 to 72 hours to be arraigned. If no attorney has been hired, then those arrested will have to attend the arraignment. That’s when suspected alleged criminals can plead guilty, not guilty or no contest.
Getting an attorney
The Sixth Amendment in the Bill of Rights allows citizens the right to counsel. Regardless of a person’s ability to pay, he or she has the right to have a competent attorney by their side to help with the process. Rights include having an attorney who is trained in the criminal legal process. If money and time are not a factor, those facing charges should find someone who has a good history of representing others who have been charged with similar crimes. “Call an attorney every time,” recommends attorney Harvey Cohen of the Law Offices of Harvey V. Cohen. “I’ve done stupid things like trying to fix the plumbing myself and ended up making it worse. It’s the same thing. Some people end up making it worse by not knowing legal stuff. That could be the difference between having the charges dropped and being in jail.”
Posting Bail
Bail bondsmen typically have better insight to posting bail than anyone else, according to Cohen.
“A bondsman can get you out faster than you could if you called a friend, but you will lose 10% of your money,” he says. At that point, those seeking bail have to weigh the consequences and see if immediate freedom is worth the 10% or if they should just call a trusted friend.
Protecting your personal property
Personal property taken by police in an effort to help solve a crime may or may not be returned back to someone who has been arrested. In fact, there is no guarantee that any of it will be returned. However, attorneys suggest keeping written records along with the estimated value of any items taken, just in case the return of the items are disputed later.
Questions to ask an attorney
Anyone facing charges should not be afraid to ask questions like the following:
What are the charges?”
“What do the charges mean to me?”
“Will you handle my case or will another attorney in your firm handle it?”
“What can I expect you to do in my defense?”
“How many cases like this have you handled and what was the outcome?”
Getting your life back
Returning to a normal life can be difficult following an arrest and could take a little work. An arrest can affect a person’s current job status and may certainly affect a future career. If the individual arrested is a minor or a first time offender, then getting that record expunged may be an option.
A “pardon” is different from an expungement as it does not erase the event, but constitutes forgiveness.
