So you've Been Arrested, Now What?

It really doesn't matter the reason you were arrested the same general principals apply on what you should say (nothing) and what you should do. Whether you are guilty as sin or wrongfully accused how you act during the arrest can have an effect on how your case proceeds. No matter what keep your cool. Don't mouth off to the officer, be respectful and courteous. Remember the officers are just doing their job and you need to do yours...remaining silent.

Contrary to popular culture and belief simply because a cop doesn't read you your Miranda rights does not mean your case is dismissed. Miranda warnings only apply to custodial interrogations. This means that statements made prior to arrest may be admissible at a trial. This of course will not apply to you because you are not speaking with the police. Only answer biographical questions and that is it. Do not worry about explaining your side of the story or trying to justify your actions. It does not matter what you say as your words could be misinterpreted, taken out of context, or misunderstood and could potentially be used against you.

At this point your are being a perfect lady or gentlemen. You are only answering biographical questions. You most certainly have not waived your Miranda rights or consented to an interview. At this point it is time for you to call someone. When you do call a friend or family member do not talk about the charges, do not talk about what you did or did not do, and do not admit to committing a crime. Your phone call IS being recorded. Tell the person you called that you were arrested and you need assistance posting a bond.

The purpose of a bond is to ensure that you are going to come back to court for all required appearances. It is not a fine or a punishment. Different states have different rules regarding bonds. Sometimes you can use a bail bondsman and sometimes you must post the entire bond amount in cash or collateral. However you decide to proceed posting bond quickly will be the most important thing you do after you are arrested.

Once you are out of jail continue to keep your mouth shut. People who are your friends today may not be tomorrow. People who you thought were your friends may have been working with police to reduce their own charges. Depending on what you were arrested for, the police could even be listening to your phone calls. Again and as you can see I cannot stress this enough, keep your mouth shut.

Now go find an attorney. Try to do this as quickly as possible as some crimes have very strict filing requirements that your lawyer must abide by. Find someone who practices primarily in criminal law. Schedule a time to meet with the lawyer. Speak with the attorney about your concerns. Make sure you listen to what they have to say particularly when they tell you to remain silent.

Now that you are represented by an attorney they can take you through the rest of the process.

This article was written by Jay Rooth of the Moses & Rooth Attorneys at Law firm in Orlando, Fl.