We Make The
Right Moves

Avoid these five mistakes when you’re being arrested

On Behalf of | Nov 8, 2024 | Criminal Defense

Getting arrested can be scary. It can damage your reputation and it can start the ball rolling towards a criminal case that threatens you with everything from long-term incarceration to a haunting criminal record that devastates your career and your job prospects. As worrisome as that can be, you should take some comfort in the fact that an arrest won’t necessarily lead to criminal conviction. That said, there are mistakes that can be made during your arrest that may increase your likelihood of being convicted and facing harsh penalties.

That’s why if you’re arrested you should be cognizant of your actions in the minutes, hours, and days after being taken into custody. Let’s look at some commonly made mistakes that you’ll want to be sure to avoid.

Avoid these mistakes after being arrested

There are several mistakes that can be made during an arrest and in the aftermath of being taken into custody. If you want to protect your interests as fully as possible, then you should do what you can to avoid them. Here are some of the most common mistakes to be aware of moving forward:

  1. Resisting arrest: Resisting arrest is a criminal offense. So, if you run from the police or struggle against them when they try to place you in handcuffs, then you could be hit with an additional criminal charge. Listen to the arresting officer and follow their instructions. Don’t do anything that can be construed as being uncooperative. We know you may disagree with an arrest, but the time of arrest is not the time to challenge the case being presented against you. You’ll have your day in court.
  2. Talking to the police: The emotional aspects of an arrest may leave you feeling like you need to try to explain everything to avoid being taken into custody. But talking will only give the police and the prosecution more evidence to work with as they work to try to convict you. Don’t give them statements that they can twist out of context and use against you.
  3. Consenting to a search: Although the police are allowed to search you and the surrounding area incident to arrest, they otherwise shouldn’t be able to search your home, car or business without a search warrant. However, the police often ask suspects for consent to search those areas. All too often accused individuals put themselves in hot water by allowing the police to search the premises, which sometimes results in the recovery of incriminating evidence. Don’t consent to a search.
  4. Missing court dates: If you get out of jail on bail, be sure to attend your court hearings. If you don’t, then a warrant will be issued for your arrest, and you’ll wind up back in jail with a lesser chance of getting back out until your case resolves.
  5. Trying to speak to the alleged victim: You might think that talking to the alleged victim will help alleviate criminal concerns and lead to dismissed charges, but this could be considered witness tampering or even intimidation, both of which could lead to additional criminal charges. This evidence will look bad in court, too, so avoid contacting the alleged victim in your case.

Don’t be your own worst enemy in your criminal case

There are several other mistakes that can be made along the way in your criminal case. That’s why it’s important to understand the proper way to navigate the criminal justice system and your criminal defense. If that’s something that you need assistance with, then be sure to discuss the unique circumstances of your case with your attorney.