If a police officer is planning to arrest you, there is almost nothing you can do to change their mind. Certainly giving the police officer a negative attitude by yelling at them, cursing at them, demanding to see your lawyer immediately, demanding to speak the officer’s supervisor, pulling away from them, trying to hit them, running away or threatening them will take an already bad situation and make it a lot worse. Fleeing from a police officer or resisting an officer with violence are both felonies punishable by up to 5 years in prison. Please make sure to watch your attitude while dealing with the police. Officers can easily make matters much worse for you if you give them any reason to.
So what do you do? You may not agree with what is happening to you, but you need to quickly realize that you have rights and that you can start to protect them from the very moment of your arrest. The first and most important right that you need to protect is your right to remain silent. The right to remain silent kicks into effect the moment you are in “custody”. Protect yourself, and keep your mouth shut. Do not feel the need to explain your situation, it will likely backfire and harm your case. Remember, you do not need to say anything to the police. In fact, anything you do say will likely be taken out of context, twisted and used against you in court. The only things you need to discuss with the police are “pedigree” or “identifying” information which includes your name, date of birth, address and other relevant information that identifies you, nothing else.
The process of being arrested, booked and taken to jail is bad enough, do everything you can to protect yourself as best you can and resist efforts by police to trap you into admitting anything that is against your interest. Police are trained in tactics to break down your defenses. Understanding this is the most powerful piece of information you can possess while in police custody. Be smart, remain calm and politely say the magic words “I will not speak with any law enforcement without an attorney present”. Police officers will be required to leave you alone and stop questioning you about anything other than identifying information.
If you are facing any criminal charge in Florida or simply have questions regarding any issues in criminal law, please contact me at 1-800-403-3887 and speak to an experienced criminal defense attorney today. Grant Schwarz is available 24 hours a day 7 days a week for a free consultation.
Never talk to police or go to court without first speaking with a criminal defense attorney. Remember, even fish would not get caught if they kept their mouth shut.