Important Information -- If You Are Arrested
THINGS TO
DO PROMPTLY IF YOU ARE ARRESTED
“As
nightfall does not come at once, neither does oppression.
In both instances, there’s a twilight where everything
remains seemingly unchanged, and it is in such twilight that we must
be aware of the change in the air, however slight, lest we become
unwitting victims of the darkness.”-- Justice William O.
Douglas, U.S. Supreme Court
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4. Talk to an attorney as soon as possible.
The sooner you have the advice of an attorney the better.
Often an attorney can be of great help in representing a
defendant very early in a criminal case, prior to an indictment or
other formal charges being filed, by contacting the prosecutor and
giving the defendant’s side of the case, when and where appropriate.
Otherwise, the prosecutor will likely hear only one side of the
case when deciding what charge(s) to file.
Therefore, you should thoroughly explain your side of the case
to an attorney, promptly after your arrest.
5. Record
the names, addresses, phone numbers and any other important
information about your defense witnesses.
6. Document, by notes or other recordings, any defenses you may have to
the charges.
7. Photograph or video tape defense evidence, when appropriate.
For example, if you have injuries that are relevant to a
defense, photograph them if possible.
If a particular location is relevant, you may want to
photograph or video tape it. Be
careful not to tamper with any evidence or even give the appearance of
tampering with evidence. It
is often best to use an investigator or impartial third-party to
photograph, video tape, or otherwise preserve evidence.
8. Take immediate steps to preserve and safeguard any defense
evidence.
9. Take steps to get out of jail as soon as possible.
If your bond is too high, have an attorney ask the judge for a
bond reduction.
Have witnesses and other evidence ready to present in court
to establish your ties to the community.
10. Do
not try to make bargains with the police; let your attorney handle
that.
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