1. If you are arrested or detained, don’t panic. Ask for your lawyer immediately.

 

2. Do not resist. Do not flee. Do not attempt to bribe your way out. Do not lie or give false documents. Do not sign anything.

 

3. You have the Right To Remain Silent (Miranda Rights) and the right to talk to a lawyer. Keep quiet and stay calm, even when you feel scared. Don’t tell the police anything except your name and address. Don’t give any explanations, excuses, or stories.

 

4. Call your Hudson Valley Criminal Defense lawyer immediately. Do not sign anything or make decisions without a lawyer. Your lawyer will help you with the arrest, and all that happens after the arrest. Your attorney will work with you to secure the best outcome. You will have the opportunity to explain your side of the events.

An experienced criminal defense attorney like Lisa will have many options for you.

She will determine if there are programs that will help you avoid probation or jail. Your lawyer will meet with the Prosecutor and explain who you are and what happened. Just because you have been arrested for a crime doesn’t mean that you are guilty or a criminal. Lisa will explain your options. She will work to get the case dismissed or reduced sentence and get you the lowest sentence possible.

In some cases, you will need to go to trail to resolve your case. You must hire an experienced criminal defense attorney who has major trial experience in case your case goes to trial.

As you see, hiring an experienced criminal defense attorney dedicated to helping you navigate the bureaucracy of the criminal justice system is imperative.

5. You do not have to consent to a search of yourself or your belongings, but police can pat down your clothing if they suspect a weapon. Note that refusing consent will not stop the officer from carrying out the search against your will but making a timely objection before or during the search can help preserve your rights in any later legal proceeding. Make an objection to the search.

 

6. If the police are at your door, you do not have to let them in unless they can show you an arrest warrant signed by a judicial officer that lists your address as the place or that has your name on it as the subject of an arrest warrant.

 

7. If you believe your rights were violated, write down everything including the officers’ badges and patrol car numbers, which agency the officers were from. Record if any injuries were sustained. Get contact information from witnesses.

 

8. Under the First Amendment you have the right to take photographs and video. As long as you do not interfere with what the officers are doing, you have the right to film. Be aware some officers may arrest you for refusing to comply even though their orders are illegal. You need to weight the personal risk of arrest.

 

9. When a suspect is transported to a precinct they will be fingerprinted and photographed. Be prepared that you might be held in custody for up to and even exceeding 24 hours.

 

10. At some point while you are in custody you will meet with someone from the Criminal Justice Agency (CJA) who will make a recommendation to the court as to whether bail should or should not be set in your case. This determination is an assessment of your potential risk of fleeing if you are released. It is important to share at this point why you are not a flight risk.

 

11. The arraignment is where you see a judge and are informed of the charges with your lawyer present. At this point, the defendant will usually issue a plea of not guilty.

 

12. For certain offenses, the suspect might not be brought directly to court from the precinct. If eligible, a DESK APPEARANCE TICKET (D.A.T.) may be issued, requiring the individual to appear in court at a future date to answer the charges against them.