Five Things You Need to Know If You Are Arrested

I was in court today representing a client on two burglary charges. While I was waiting for the prosecutor, I was chatting with a couple of other defense attorneys. Collectively, we noted that one of the things that seemed to be popping up more and more in our cases was that the police claimed our clients confessed to the crime. Running a close second was the fact that our clients consented to warrantless searches of their cars and houses.

So, the first thing I have to say is STOP. I mean it! STOP talking, STOP consenting. YOU DON'T HAVE TO, so knock it off. Please. You make our jobs impossible and you don't have to let them trick you into doing it.

In law school, my criminal law professor remarked one day that the one thing he wished he could do was get his client's to SHUT UP. After many years of defending people accused of crimes, I couldn't agree more.

So, short of the obvious, which is don't commit crimes or get arrested in the first place, here are five things  you need to know:

1.      Do not try to explain yourself. The police count on this. In fact, they encourage it. One of the most used interrogation techniques is to as you to explain. "Just help us understand, then you can go home..." It's a lie folks. They don't want to understand, they want you to confess. And, they know, if you keep talking, you will ultimately hang yourself.

2.      Do not make a statement - written or otherwise. Just like the Miranda warnings say - it can be used against you in a court of law. But, you must assert your Miranda rights - you must tell the police without any doubt you do not want to talk to them and you want a lawyer. Otherwise, they can keep questioning you. And, they will.

3.      Do not consent to any type of search. Even if the police threaten you. In fact, especially if they threaten you, do not consent. Do not let them in the house just to talk. Do not let them search your trunk on a traffic stop. Don't worry about the threat of a drug dog. And don't believe them if they tell you that they will let you go if you consent but, if they have to call for the dog, they'll put you in jail. If you confess or hand them drugs, they are going to put you in jail anyway. Seems obvious, but I have seen so many people fall for this. You do not have to consent to a search of your vehicle or you house. Politely refuse and ask if you are free to go. Make them get a warrant.

4.      Do not consent to take a lie detector test. Sorry, but this is another "technique." It is no designed to help  you, but to trick you. Bottom line, everyone fails. Did you hear what I said - everyone fails. Even if you pass, you fail. And then the detective walks into the room, shaking his head, and says something like "we have a problem..." And he goes back to point #1 - and trys to get you to explain yourself - to confess. I know a guy who got hooked up to a copy machine and they told him it was a lie detector. They used fake wires. He "failed." Then, they got him to confess to stuff he didn't do. Just say no. It's not admissible in court, but the confession you give is.

5.      ASK FOR A LAWYER RIGHT AWAY. Do not try to navigate these waters on your own. You will get burned. If you can't afford a lawyer, the court has to appoint you one. Get a lawyer. And don't talk.

If you have been accused of a crime and need legal help and advice or representation, call Attorney Bob Vogel at The Vogel Law Firm at 865-357-1949 or email rlvogel@robertvogellaw.com

We represent clients in State and Federal Courts and we also help them on appeal.