What to do if Arrested in New York
For most people, being arrested is a frightening experience, filled with anxiety and a sense of powerlessness. Much of this stress comes from not knowing your rights, not knowing what to expect, and not knowing what you should be doing to protect yourself. However, the steps you take immediately after your arrest, and the things you say (or don’t say) can have a huge impact on how your case comes out in the end.
You may not know what to do, but your experienced criminal defense attorney does. Below are some tips and common sense suggestions provided by Dupée & Monroe, P.C. in Goshen regarding what to do and how to act in the hours and days following your arrest.
You may believe that the cops have their facts wrong and an arrest is improper, but now is not the time to argue with the police or try to resist being arrested. Not only won’t you help your case any, but you could also be charged with resisting arrest or assault on a police officer, and even if the original charge turns out in your favor, you could still be convicted of these subsequent offenses. It is understandable that you may be very stressed by the situation, but remaining calm will keep you out of further trouble and also keep you from providing any statements or evidence that the police can use against you.
Although police officers generally need a warrant or probable cause to conduct a search, one exception to this requirement is that police are allowed to conduct a search incident to a lawful arrest. This search is limited to searching your person and immediate area within your reach for the safety of the officers, and you should not try to impede or obstruct the officers if they tell you they are going to search you.
Being calm and cooperative does have its limits, however. There is nothing that requires you to give your permission to the police to search you or your property, and you have the right to remain silent when you are arrested. If the police are asking your permission to search, or if they are asking you questions beyond basic personal information, you are within your rights to politely but firmly decline a search or interrogation, which should almost always benefit you in the long run.
Don’t talk to anyone until you have spoken to your lawyer
If you are held in jail, other people in the facility may appear to be your friend and want to talk to you, or you may think it’s smart to talk big around other inmates or detainees, but anything you say can make its way back to the police and prosecutors, who can use those statements against you.
Likewise, if you are in jail, your first impulse might be to get out as soon as possible, which could mean your first call is to a bail bond company instead of a lawyer. Even this call can be a mistake. A bail bond company typically charges ten percent of the bail amount to write the bond that gets you out of jail, and you never see that money again. Your lawyer may be able to get you out of jail without any bail being required at all, or at a lower bail amount. Also, if you are already represented by an attorney, the bail bond company may charge a lesser percentage to write your bond. Don’t wait until you have already been bailed out to call an attorney. You have a constitutional right to be represented at all critical stages of a criminal proceeding. This includes arraignments and bail hearings.
Call Dupée & Monroe – Criminal Defense Attorneys in Goshen
The attorneys at Dupée & Monroe in Goshen represent people throughout Orange County and the Hudson Valley who have been arrested for DWI/DWAI, narcotics and drug charges, and other serious felonies and misdemeanors. By calling our office as soon as possible after an arrest, you will have quality advice and representation from someone who is at your side every step of the way to protect your rights and position you for the best outcome possible in your case. Call 845-294-8900 for immediate assistance.