Protecting your rights when you are accused of a crime.


Getting arrested can be intimidating and frightening. To protect your rights, however, it is important that you remain in control of your emotions and your actions. Knowing how to respond to the police can have a huge impact on your ability to defend yourself in court. Contrary to popular opinion, the police do occasionally arrest innocent people. Therefore, I encourage you to read and understand the following, even if you have no reason to believe that you will ever be arrested.

 What should I do if I am arrested?

  • Stay calm – The most important thing that you can do when you are arrested is to stay calm. When you respond to police out of fear, anger, or other strong emotions, you make the situation more dangerous for everyone involved, including yourself. A strong emotional reaction will also tend to make the police more suspicious of you. It puts you at risk of committing a crime (such as resisting arrest) that will give the police even more reason to arrest you. I cannot emphasize enough the importance of remaining calm, whether or not you believe you are guilty.
  • Think carefully – When you are being arrested or when you believe that you are a suspect in a crime, what you say and do is very important. Do not say or do anything without carefully thinking about it first.

  • Identify yourself – If you are stopped while driving, you must show your driver’s license and automobile registration. Even if you are not in an automobile, usually it is best to identify yourself when asked. If providing your name would cause you to incriminate yourself, however, you may choose to remain silent. Most importantly, never lie or attempt to deceive a police officer about your identity.

  • Keep your hands and feet visible – Police officers have a dangerous job and are ultimately concerned for their own safety. The best way to ensure your own safety is to make sure that the police have no reason to be afraid of you. By keeping your hands and feet visible, you ensure that the police have no legitimate reason to apply significant force against you. You also demonstrate to them that you have nothing to hide, which reduces the chance of being arrested.

  • Don’t talk to the police about the incident – If you are being arrested or if you have already been arrested, the best rule of thumb is to say nothing further to the police without an attorney present. At this point, the police have already decided that they believe you are probably guilty of a crime. Nothing you say is likely to change their mind. However, if you continue to speak with the police, you may accidentally provide them with information that they will use against you in court.
  • Cooperate with the police – Even if you believe that you are not guilty of a crime, nothing is gained by struggling with the police. You do not have to allow the police to blatantly violate your rights, and you should not talk to the police before you have consulted with you attorney. You should, however, remain polite and obey all reasonable commands the police give you.

  • Don’t argue or complain to the police – Generally speaking, the police are never going to change their mind because of a convincing argument. So, it is best to avoid arguing with them at all. If you are believe that you are being mistreated by the police, you are unlikely to stop the mistreatment by complaining about it or by threatening to file a compaint. You can, however, make a note of the officer’s name and badge number and write it down as soon as possible, so that you can provide this information to your attorney.

  • Don’t resist the police or attempt to walk or run away – Resisting a lawful arrest is a crime. Even if you are innocent of the crime you were originally arrested for, you may still be convicted for resisting arrest. Don’t give the police any reason to make this charge against you!

  • Write down everything – As soon as possible, write down everything that happened during your arrest. This information may prove valuable to your attorney. Don’t forget to write down the names and badge numbers of your arresting officers, any tests that were administered (such as sobriety tests), what the officers said to you, what you said to them, what you were doing and where you were when you were arrested, and what the police did.

  • Call an attorney as soon as possible – If you are charged with a crime, you will need the help of an attorney. The sooner you involve your attorney in the process, the easier it will be for your attorney to defend you in court. It is not a bad idea to keep an attorney’s business card on your person at all times. If you would like a business card with my contact information to keep with you, please call my office. I will be happy to provide you with one.

What should I do if I have already been arrested?

 If you have been arrested, you will need the help of an attorney. Although you should contact an attorney as soon as possible, do not hesitate to call an attorney if some time has passed since your arrest. The sooner you involve an attorney, the easier the process will be for you and your attorney. Please call me directly at (734) 740-3239 as soon as possible after you are arrested. I will be happy to meet with you in jail, at the police station, or wherever you may be.