If you are arrested, it can be a frightening experience. It is important to understand the process and your rights. The way you act and what you say during an arrest can have a significant impact on your case. If you are not familiar with your rights, you may make a mistake that could hurt your chances of a successful defense.
The police must have a warrant or probable cause to arrest you, but they can also detain you under exigent circumstances. For example, if the officer believes that you committed a crime, or that someone else will be harmed unless they do so, they can stop you, question you, and pat down your outer clothing in a search for weapons. However, if the officer tells you to go with them or if you willingly surrender yourself to custody, this is an arrest and you are now in custody.
Once an arrest is made, the officer will present the information they have to the District Attorney’s Office, which will determine whether or not charges are filed. If the District Attorney’s office decides not to file charges, the suspect will be released.
During an arrest, it is important to stay calm and be polite, but you can remain silent and refuse to sign anything without a lawyer present. If you do speak, remember that you have the right to a lawyer and ask for one immediately. If possible, give the police a local number to call that will be answered (and cannot be monitored) so they can reach your family or lawyer.