Have You Been Arrested? 7 Things a Criminal Justice Attorney Wants You to Know
An arrest can be frightening and confusing especially if it is your first experience dealing
with the criminal justice process. In those moments after your arrest, the decisions that you make could affect your case.
If you need a criminal justice attorney near me then it is best to reach out to a law firm such as Piotrowski Law – West Palm Beach that can assist you with learning more about the choices that could come about after an arrest.
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You Have the Right to Remain Silent
One of the first things that you should understand when arrested is the fact that you do not need to answer any question asked by the law enforcement. After you are arrested the police will probably ask you questions regarding what you did or how the crime took place.
Even though it seems that you are obligated to answer those questions, it is not the truth. The right to stay silent was created in order to prevent you from being forced to disclose any information that may be used against you.
Be polite and composed while using this right. Refrain from any arguments and from trying to resist arrest by force. Instead, simply let the police know that you would like to exercise this right and talk to an attorney.
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Request a Meeting With an Attorney
Once arrested, seeking the advice of a lawyer may be one of the most crucial things you have done. A criminal justice attorney near me can inform you about the possible charges against you, tell you your rights and what you may expect in the future.
A lawyer can also help you not to make any mistakes or statements that may harm your case. Criminal cases follow complicated legal procedures and rules which are hard to understand without any legal experience.
It is not required that you should know all details about how your case would turn out prior to hiring an attorney. The lawyer would review all information available and discuss all possible scenarios depending on the facts of your situation.
Do Not Assume That An Arrest is Proof of Guilt
Being arrested and being found guilty of a crime are two separate things. In this regard, an arrest simply means that you were taken into police custody because of an allegation against you. This does not prove that you have committed the offense.
The government must prove the elements of a crime in accordance with the appropriate burden of proof. Your lawyer would analyze all allegations and evidence in order to find out potential problems in your case.
It is also important not to believe that an arrest always results in a conviction or that your case will definitely end up in court. The criminal process could take place in different ways depending on certain circumstances. Your charges could be possibly downgraded or dismissed.
Know What the Charges Are
Once you’ve been arrested, make sure you know exactly what you are accused of doing. Depending on the crime, you could face misdemeanor or felony criminal charges with possible consequences ranging greatly.
There is a specific legal language behind each type of charge, and there are certain elements that will need to be proven by the prosecution. The consequences could include fines, probation, imprisonment, driver’s license suspension or revocation, restraining orders, or even others, depending on the nature of the offense.
A criminal justice attorney near me can review your charges and provide you with an explanation of what these mean. In addition, he may look into the background of your case and analyze how your rights were respected during your arrest.
Avoid Discussing Your Case
You might feel like telling all the details of your arrest to your relatives and friends after being taken away. Even though talking to someone close to you could be helpful, you should do it carefully.
Communications via conversations, texts, emails, social media, etc., may become problematic. Do not contact any alleged victims or witnesses regarding the case unless advised otherwise by your attorney.
Make sure to share all the necessary and relevant details with your attorney. Even those details which you think are embarrassing or irrelevant to your case may become significant during the evaluation process.
Take Note of All Court Dates and Conditions
After the arrest, there may be some important legal proceedings that you need to be aware of. These could be initial appearance, arraignment, hearings, negotiations, motions, or even a trial.
Skipping any of these legal proceedings can make you face more trouble. Similarly, even after your release from jail while the case is pending against you, there may be certain conditions that you will have to comply with.
The nature of such conditions may differ from one instance to another. The conditions may limit your movements, communication, possession of particular objects, or other restrictions that may be imposed by the court.
Consult an Attorney Regarding Important Decisions
The main lesson after being arrested is not to make important decisions without understanding the possible consequences. Sometimes you may receive some offers or be offered to choose between alternatives; however, this choice may affect you for a long time.
The criminal justice attorney near me will be able to analyze the case situation and inform you about the possible pros and cons of each decision. It is necessary to consider the kind of evidence in your case to determine the process it may involve.
Your lawyer can also assist you in understanding the kind of evidence that could prove relevant in the case and the existence of any legal problems requiring investigation. However, this does not mean that the lawyer will be able to promise certain outcomes.
Conclusion
While it can be traumatic being arrested, knowledge of what to do during such situations can prevent you from making unnecessary errors. Bear in mind that you have important rights and freedoms like the right to remain silent and obtain legal representation. Never assume that being arrested proves your guilt or discuss your case with witnesses publicly.