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One of the most
traumatic and frightening experiences is to be arrested. You can get
through this experience is you know what to do:
What to do first
-
DO NOT RESIST ARREST!
- You may ask why you have been stopped and/or
arrested.
- The police have the right to stop you if they
have a reasonable suspicion that you may be possessing:
- controlled substances (drugs)
- weapons or firearms
- carrying a knife or other sharp item that can
be used as a weapon
- are in the possession of stolen goods
-
Even if you are innocent do not struggle
against the police officer. You will be arrested and the more you
fight the more likely the chances of being hurt in the process.
Let the officer do their job without physical resistance or abusive
language.
-
Do not volunteer any information at all
except for your name, address, telephone number, employer, and a family
member. If you are brought before a judge for a bail hearing this
information will be necessary to that process.
-
Try very hard to maintain your composure.
The police have arrested you for a reason whether that reason is right
or wrong. By being belligerent, threatening to file complaints
with the Mayor's Office, or generally being obnoxious you are inviting
the officer's antagonistic response.
-
One of your basic human rights in he right
to remain silent and to not say anything that might be incriminating.
You may ask for your attorney. Other than that DO NOT speak with
the police, detectives, the District Attorney, or anyone else. Do
not make any statements on video or audio tape. Do not make any
confessions. Simply ask for your attorney.
-
You have the right to make one phone call
to your attorney or family member or to someone else who may provide
assistance. Do not say anything over the telephone that may be
incriminating because the phone will likely be tapped.
-
When you are arrested it can be a very
humiliating experience. Be prepared to be fingerprinted,
photographed, and searched.
What to do next
-
If you are arrested for a misdemeanor (a
crime for which the penalty is one year or less in jail) you may receive
a summons to appear in court on a future date and then be released.
- If you do not show up for your
court appearance a bench warrant fmay be issued for your arrest and you
can be penalized for not appearing in court.
- If you are arrested for a felony (a
more serious crime) or if or there is reason to believe that you will
not appear in court, you will be taken to the police station after which
time you can either be released with a promise to appear at a later date
or you may be required to post bail.
- Your bail bond (a promise to pay a
specific amount of money if you do not appear in court on your appointed
day) may be a personal surety or you may need the assistance of a bail
bondsperson.
- You will have to pay a fee for the
bond person to post your bail and you may have to provide some security
of value in the form of a house, a car or other property.
- Bail is the court's guarantee that you
will show up for your hearing.
What can you learn from this
experience?
Being arrested is a very humbling
experience even if you are ultimately released. Just the process of
being arrested will convince the average person not to commit any crimes
in the future. If you made a mistake, now is the time to own up to
it and make a contract with yourself to not make the same mistake in the
future. The old cliché that "crime does not pay" is true.
Eventually, almost all criminals are brought to justice and they stand
to lose everything. If you feel compelled to engage in criminal
behavior of any type you must seek psychological help immediately to
explore your reasons for being attracted to this type of behavior.
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