Even the innocent can be made to look guilty if too much is said during an arrest.
If you are arrested, whether you are guilty of the crime or not, the best and only thing you should tell the police is that you wish to call your criminal defense attorney. Stay calm and be polite – law enforcement is watching every move you make and every word you say. If they want to question you, you are protected under the Fifth Amendment to the United States Constitution and you must be read your Miranda Rights. This is a reminder, again, that you do not have to say a word to the police. Never waive your rights. When you do this the police can question you freely and any statement you make will be used against you later. They will take notes and let you try and talk yourself out of the arrest. Anything you say, can’t be erased. Innocent or not.
The importance of the Miranda warning in the arrest is that it can prevent you from incriminating yourself during the arrest. In all the craziness of an arrest, a lot is going on and many people become irrational and say and do things that will make the situation worse. It’s well documented that the state of a person’s mind directly affects decisions and the capacity for rational thought. When arrested, the average person undergoes a great deal of emotional distress and can feel everything from intense fear to overwhelming anger. It is during these periods of time when the right to remain silent is the most important to remember. Many people will do and say things out of anger and frustration that could be construed as guilt. Although it may be difficult to keep your peace while being arrested, Miranda rights are there to help prevent you from implicating yourself even if you did nothing wrong. The things you do and say from the moment the officer reads these rights to you can greatly impact the events that follow.
I have had people come into my office who, because of nerves and anxiety during an arrest, began to ramble. They have tried to talk the officer out of the arrest. This is never a good idea. When a person is frantic, explanations become jumbled and confused and too much is said, a lot of information is exposed making the situation worse. Remain calm, quiet and call your criminal defense attorney.
The Bottom Line: Everyone should know and understand their Miranda Rights. If you are arrested and questioning begins and your rights have not been offered and read to you, nothing they learn can be used as evidence against you. Put my number in your phone and call me right away should you need me. 513-260-2099
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