10 Things to Know…If being placed under ARREST:
Whether it is your first time or not, being arrested is a traumatic experience. You need to know how to act in advance so that you don’t panic in the moment. The ten guidelines below will help you stay smart in the event that you are placed under arrest.
Do NOT resist.
When an officer places you under arrest, struggling with that officer will only cost you more charges. Resisting often leads to being charged with the crime of Resisting Law Enforcement. Additionally, when you put up a fight, officers are permitted to take you into custody by the use of force. You do not want to risk injuries to yourself or additional charges for struggling when officers go to arrest you.
Do NOT run.
Unless you have super powers, you will not get away just by running. Officers carry tasers, and will use this method in stopping you once you try to run. Not only could you be tased, but also you risk being charged for resisting law enforcement by fleeing.
Do NOT make any statements.
It is human nature to want to speak up when false accusations are being made. However, in this instance, speaking up merely gives the State of Indiana your words that could be used against you later on. It could be the simple fact that you put yourself at a location where something was alleged to have happened. You have the right to remain silent, know your rights and USE them. The only person you should discuss your case with is your lawyer.
Do NOT volunteer information because it will be used against you.
This relates to the previous point of not making any statement. Police cars may have recording equipment that will capture anything you say that looking back you wish you hadn’t. Some officers have body cameras that also record the interactions between you and an officer. These are all reasons you should be aware of your behavior and cautious to not say anything.
They don’t have to tell you the reason for your arrest.
An arrest is made in two circumstances. One is pursuant to an arrest warrant. You will learn the basis of your arrest when you receive a copy of the charges and during your initial hearing. The second circumstance is a warrantless arrest based upon probable cause. There is a limited amount of time in which a probable cause determination must be made justifying your arrest. You will be advised at an arraignment or initial hearing about the pending charges and basis for your arrest. It is important to be represented by a lawyer in order to make sure these requirements were met by the State of Indiana. A lawyer will be able to advise whether your rights were violated in any way.
Remember ALL calls are recorded at the jail, even your first free call.
I have seen so many cases lose from evidence obtained during those first free calls made while still in the booking area of the jail. Once you step foot in the jail, regardless of whether you have been processed and placed on a floor, every call is recorded and can be obtained by the prosecution. Prosecutors know to look for these calls because it is in a person’s first calls that they are most likely to discuss the facts of their case. Do not fall into this trap.
Don’t discuss details of your arrest on the phone.
Every phone call, email through smart jail mail, and visitation is recorded and available for police and prosecutors to review. These items are also available to be used against you in trial. Do not assist the prosecution in turning a losing case into a winning case by talking about details of your arrest or the charges on the phone, through email, or during visitations.
Keep calls short; do not use code words.
Codes are easy to crack. Contacting an alleged victim and merely calling them by another name is the oldest trick in the book. With current technology, using a different name will not fool anyone. Technology allows prosecutors to obtain the number dialed, obtain who the number belongs to, and even use voice recognition if you try to use another inmates pin number. The jail is under video surveillance and videos showing who is using a particular phone at a particular time can also be obtained and used against you. If you need to make calls, keep them short, and never discuss anything about your case.
Do NOT discuss your case with other inmates…they will rat you out every time.
You cannot trust anyone in jail. The atmosphere in jail is one of survival. If a person learns something they can use against you for their own advantage, they will.
GET A LAWYER as soon as possible.
A lawyer has knowledge and experience in handling all types of cases. It is important to have someone with the necessary knowledge and experience fighting on your behalf. A lawyer will be able to obtain evidence in your case and evaluate what defenses you have. Lawyers will ensure your rights have not been violated, and protect your rights going forward. When it comes to trials, you do not want to face the State of Indiana alone. Lawyers are familiar with the rules of evidence and what should not be admissible at trial. To present your best defense, you want to be prepared. The sooner you get a lawyer, the better prepared you will be.
If you or a loved one has been arrested, you need legal help now. Bridget Foust is ready to answer your questions and fight on your behalf. Don’t wait to have your legal questions answered – take action to secure a successful outcome.