You’ve Been Arrested: Now What?

If you’ve just been arrested, you are likely feeling a mixture of emotions, ranging from fear and incredulity to shame and anger. What will this mean for the immediate and long-term future? Regardless of the circumstances, when you have an experienced and dogged criminal defense attorney by your side, the outcomes will likely be better.

Miranda Rights 

If the arresting officers have done their job right, you’ve been advised of your Miranda rights.  Take them seriously!  When they said that you have the right to remain silent and that whatever you say could be used against you in court, they’re not kidding.  So the first thing you need to do is stay calm and respectfully tell them you have nothing to say until your attorney is present.  Don’t be baited into responding to their questions or comments; don’t defend yourself or try to explain your side of things.  Remain silent.

If You Weren’t Mirandized 

There are only certain situations in which you may not be mirandized:

1-    The officer was not doing their job correctly.

2-    In some DUI cases when there is not going to be an interrogation after the arrest.

3-    In other situations when there is no intention of interrogating you following arrest.

4-    When the safety of the public is at risk.

5-    When a juvenile is arrested and cannot be questioned outside the presence of parents or guardians.

6-    When questioning is being done by someone other than the police, like perhaps a security guard at a store.

7-    When the questioning by police occurs prior to an arrest or custody.

8-    When police are asking questions that are not designed to be incriminating, such as getting your name and address.

After Questioning 

Once your attorney is present, you will be advised as to how much you should reveal to police. Your attorney will guide you, and, depending on the circumstances, will outline the options ahead and potential defense strategies. Subjects on the table may include:

• A dismissal of all charges: It’s possible that the police will quickly learn that they have the wrong person in custody.
• A reduction in charges: Law enforcement may recognize that lesser charges are more appropriate in your case.
• A plea deal: You may be willing to trade information/testimony for lesser charges.
• The potential for inclusion in a diversion program: You may be eligible for, say, drug court, rather than incarceration.
• Fighting all charges: You may wish to plead not guilty and fight all charges.
• A guilty plea.

Achieving the Best Outcomes 

Regardless of the situation, the dedicated Springfield criminal defense attorneys at Courtney & Mills are prepared to go to bat for you.  We will carefully listen to you and help you to maneuver through the legal system with the goal of getting you the best possible outcomes.  To discuss your situation, schedule a confidential consultation today.