An arrest can occur for numerous reasons and you do not have to have a criminal history to find yourself being arrested by Miami police. But, if you are arrested, what are you supposed to do?
Anyone who is arrested must know their rights and more importantly, what to do post-arrest. What you do after you are arrested could determine if you are actually charged and if you serve jail time.
Do Not Resist Arrest – Even if You are Innocent
Even if you did not commit the crime you were charged or arrested for, the police may feel they have good cause to arrest you. Therefore, do not resist arrest—even if you are innocent. Resisting arrest will only make it more difficult to prove your innocence, and could even result in additional charges.
You Have the Right to Stay Silent
You do not have to speak to the police. If you are innocent, you may feel compelled to tell them everything you know, but you shouldn’t. If you are guilty, you still should not speak to the police. Remember that what you say can be used against you in court.
You can ask for a phone call or to speak to a lawyer. If you must provide them with information, provide them with what is needed to set bail, which includes your name, address, telephone number, an immediate family member’s name and your employer.
Even if the police are rude or mistreat you, do not threaten to file a complaint or take legal action against them. While it is within your right to do so, wait until you are out of the police station to take these actions. Threatening the police while in their custody could result in additional charges or accusations against you.
Allow the Police to do Their Job
After you are arrested, police officers will handcuff you, search you and your belongings, and take your fingerprints. Do not resist this either. You could be charged with hindering their investigation.
Instead, allow them to do their job. You do not have to give your DNA or any other items unless the police officers have a search warrant for them. But, you will need to provide them with your fingerprints.
Hire a Miami FL Criminal Defense Lawyer Right Away
It does not matter if you are innocent or not, you need an attorney by your side. A person’s rights are often violated once they are arrested and having an attorney by your side not only protects those rights, but ensures you are not put in jail for a crime you did not commit.
Visit or contact Paul J. Donnelly, P.A. at 305-757-3331 to discuss about your case. Serving Miami & throughout Florida.