3 Things You Should Never Do Without First Consulting a Criminal Defense Lawyer
3 Things You Should Never Do Without First Consulting a Criminal Defense Lawyer
The police have requested you accompany them to headquarters for “a few questions” or you’ve been arrested. There may be many reasons why this has happened and there are 4 things you shouldn’t do without first consulting with a criminal defense lawyer.
1. Answering Questions When Not Under Arrest
If the police request you answer questions – and you are not under arrest – in some circumstances it is alright to refuse. And in some cases, it’s a good idea to provide information that will help the situation. A better idea would be to be amicable, but request you be permitted to consult with your attorney before answering questions or submitting to any interrogation.
2. Resisting Arrest
If you’ve been arrested, it’s likely because:
- A police officer saw you commit a crime.
- An officer has “probable cause” (reason to believe you have committed a crime).
- The court has issued an arrest warrant.
Everyone has the right to be treated humanely. If you’ve been placed under arrest, that right doesn’t change. You have the right to humanitarian, civilized treatment unless you pose a physical threat.
In Georgia, a police officer should use only the amount of force that is necessary to make the arrest. If you resist arrest, and especially if you use physical force while resisting arrest, the officer may also resort to physical force. “Deadly force” by the police can be used if they suspect you have a weapon or if you’re violent and posing a physical threat to yourself or others.
3. Don’t Be Afraid to Exercise Your Rights
During an arrest, you have the right to ask why you are being arrested. The officer should tell you what crime you are believed to have committed.
In the United States since 1966, it has been standard procedure for police to advise all criminal suspects of their rights when they are asked to give statements. The Miranda Rights state you have the right to remain silent and the right to have an attorney present.
A very important section of Miranda Rights is the right to remain silent. Talk to your criminal defense lawyer before answering questions. If you agree to the questioning, you have the right to stop answering questions at any time.
The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.
Georgia Criminal Law Blog
