Got arrested?
The first steps you should take after being arrested
There’s an old cowboy saying: “If you find yourself in a hole, stop digging.” Let’s say you were arrested last weekend. You probably feel like you’re in a hole. Don’t worry! You can bounce back from it. Here are a few tips of what to do after being arrested.
Hire a lawyer
Don’t waste time finding legal representation. Criminal defense lawyers are very busy these days and have limited availability to take on new cases. However, many of them will still meet with you for an initial consultation and give you some free advice or refer you to a trusted colleague who may have more availability to take your case. When shopping for a lawyer, there are several clues to look for to make sure you find a good one. Read about it here.
Freeze your social media
Ever heard of the “right to remain silent”? That includes social media. You should absolutely log off of social media and refrain from posting absolutely anything. Law enforcement will be keeping an eye on you. In the small towns and rural communities I practice in, it’s not uncommon for “concerned citizens” to tip off the police and/or the prosecutor about what you’ve been up to according to social media, ex: drinking, driving, and/or being around people or places you’re not supposed to. At the same time, it’s important to preserve what’s already in your social media accounts. Snapchat, Facebook Messenger, and other messaging apps can sometimes include useful information. It’s a mistake to delete it. Law enforcement can still get at it after you’ve deleted, but you can’t.
Remain silent
The best thing you can do to help your criminal case is to remain silent. This cannot be emphasized enough. Not only is it your God-given right as an American, it is common sense. First of all, you do not want to say anything that will damage you. “Just being honest”, as well as exaggerating, stretching the truth, or downright lying, will come back to bite you in the end way harder than if you just said nothing. Second, when confronted by police, it is a very stressful and high pressure situation. The highest pressure situation you’ve ever been in in your life. Your mind will revert to caveman fight or flight mode and your mouth will surely get ahead of your brain. Saying something under pressure will be easy to regret and hard to explain away in the future if it is unhelpful to you. The best policy is to not say anything at all until you can calm down and have your wits about you. Third, there is a difference between staying silent and being uncooperative or untruthful. There’s nothing wrong with saying firmly, but politely, “Officer, I’m sorry but I don’t feel like answering your questions right now. I would like to have a lawyer with me if you want to question me. Can I go now?”
Talking to law enforcement and/or to prosecutors is the definition of digging yourself deeper into a hole. Besides, in my experience, law enforcement and prosecutors rarely give you credit for “just being honest.” There’s no upside.
Lay low
Another way to “stop digging” is to only make responsible decisions. After you’ve been arrested, it’s very important to sideline yourself from relationships and environments that cause you to stress or lose control. Depending on your situation, that may mean not going out at night, staying away from certain people or places, and/or not drinking alcohol or taking drugs without a prescription. In all situations, I recommend clients slow their lives down and lay low until their case is resolved.
