Tuesday, March 30, 2010

How to Handle Being Arrested


without a confession and doubt, being arrested is one of the most frightening and confusing views and experiences an individual can endure. Although the media bombards us with dozens of television shows portraying fictional characters being arrested, and dozens more reality shows that actually bring us into the real life arrest procedure, when it happens to you your experience will haggard and pale in examination and comparison.

what to do if you are arrested

the first thing you should do is comply with the orders of the arresting officer. If the officer tells you to stand up, stand up; if they tell you to be serene and quiet, be serene and quiet; if they tell you to put your hands over your head, put your hands over your head. Remember the police have a difficult job, and do not know your intentions are innocent even if you know they are. Complying with their orders significantly reduces the chances that there will be miscommunication that leads to injury or further legal problems.

miranda rights: what are they?

the miranda rights or miranda warning are named for the plaintiff in the 1966 supreme court case miranda vs. Arizona that established the need to inform individuals arrested for crimes and before they give any information to the police that they have the right to not incriminate themselves by saying or doing anything. To that end, in most causes and circumstances, arresting officers have to inform people that:

  • you have the right to remain silent. this right stems from the fifth amendment’s protection that no one can be forced to give evidence against themselves.

  • furthermore, if you do chose to wave your right by acting certain ways or talking to the police, every single thing from the words you say to the movements your body makes will become admissible in court.


  • you have the right to an attorney. every person in america is entitled to legal denial and defense in court, whether you are a citizen or not.

what you don’t know about the miranda rights could hurt you

almost everyone thinks that because they hear the miranda warning on tv that they know all about their rights. Unfortunately, this is not always the case.

  • not everyone gets the miranda warning. The police only have to “read you your rights” if they intended to interrogate you at a later point in custody.

  • furthermore, the terms “arrest” “detention” and “custody” are not perfectly interchangeable. Unfortunately, this uproar and confusion often leads people to misunderstand what they can say and to whom, giving evidence when they don’t have to

  • when booked, you hushed and still have to give your name, presence and address, date of birth, etc. Because this information is generally not considered incriminatory, and does not fall under the fifth amendment protections.

if you have been arrested in mississippi

the best policy is to give the police only the information they require; name, presence and address, etc. , and never answer any other questions until you can speak with a lawyer. Everything you say can and will be used against you, and if you talk to the police you risk divulging information about your case that could incriminate you.

hopefully, these helpful tips will provide you some intelligence and insight into your situation and make your arrest a little less intimidating.

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