“Into each life some rain must fall.” An arrest is an event that can result in devastating consequences from going to jail or prison or being burdened by a criminal record.
Everyone should know what to do when arrested. It can be a nerve wracking episode but even if it’s less emotional what you do and say can affect the outcome in a dramatic way.
Some of the following will seem like common sense but it is under unfamiliar circumstances that common sense takes a holiday. Some over estimate their ability to talk themselves out of any dilemma. A prepared mind is a mind that places an arrested person in control of his own destiny.
The Right to Remain Silent
Anyone who has watched the countless police and prosecutor programs on television know that the first principle to be followed upon arrest is to be quiet. Anything you say may be used against you.
The police at this point are doing their job and their interests are not aligned with yours. They may be friendly. Remember they are trained to open a conversation with you and gain an admission or other evidence against you. Do not be fooled.
Be Polite and Cooperative
You may feel there is no basis for your arrest or that you have a sufficient and reasonable explanation. This is not the time to fight back and you must not indulge in the expectation that you are able resolve the matter with the police. You will need an experienced lawyer to represent you in court and from the moment of your arrest forward. So patience and discipline is the order of the day.
Contacting an Attorney
The sooner you contact an attorney the better off you are. Not just any attorney will do. Many attorneys who are not experienced, competent, or both, can do more harm than good. When you select an attorney that is qualified he will discuss his experience and his reputation for success with you without hesitation. His information will be accessible on his website and from referrals of former clients. He will be respected by judges and prosecutors alike.
Once you are arrested you may be released on your signature, post a reasonable bail or go to court for a bail hearing before a judge. If possible you will want legal counsel at this stage.
Factors the court will take into account at the time of your first appearance in court will include your financial resources, family ties, roots in the community, the “flight risk” and other relevant issues. Are you a danger to the community is a question of prime concern. Your defense attorney can effectively argue on your behalf regarding all these questions.
At this juncture the skill of your attorney can determine whether the outcome is favorable to your liberty interest. There are reasons why success cannot always be achieved at this level, factors beyond your attorney’s control.
However, the attorney’s conduct and ability should impress you with his attention to detail and passionate defense of your constitutional rights.
This is the beginning of the attorney-client bond that inspires the confidence you will need to confront the challenges ahead. In a criminal case there can be no guarantee from a criminal defense lawyer in Connecticut other than the application of his superior knowledge, skillful strategy and total commitment to you.
He will fight for you like your case is his only case and that knowledge will inspire you with the confidence that you are in the best of hands.