Tuesday, February 23, 2016

What You should do and shouldn’t do When Arrested

One of the most imperative things you need to keep in mind is the fact that you have certain constitutional rights when you are arrested. Charleston, SC criminal defense lawyers such as DeLuca & Maucher, LLP say that the best thing you can do right after or during an arrest is exercise these rights so that you have the chance later to actually fight and beat your case. Failure to exercise these rights will result in you jeopardizing your own case and pretty much digging your own grave.

The best practice is to exercise your right to remain silent. Of course the law enforcement officer will subject you to a heavy line of questioning during and after the arrest, but that does not mean you need to answer these questions. Have you seen Breaking Bad? Remember Mike Ehrmantraut how just demanded to speak to a lawyer when DEA agent Hank was questioning him? Just as amusing was in the fantastic show The Wire when D'Angelo Barksdale was asking for a legal representative. But he was not as adamant and the cops were able to beguile him into starting to write a letter much to the dismay of his cousin Avon and his boss Stringer Bell.

All you need to do is politely decline to answer any questions and instead just redirect them to your Charleston, SC criminal defense attorney and the best in this arena in this part of America DeLuca & Maucher, LLP because their track record is fabulous and because they know which legal doors to open and when to open them.


What is an arrest?

For the most part an arrest is technically the act where a law enforcement officer takes a person into custody. They do not necessarily have to be put in handcuffs or anything. The police officer of course should have some reasonable grounds to arrest you.

An officer may arrest a person if and only if:
  • The officer himself or herself witnesses the person committing a crime
  • The officer has probable cause to assume that the person has or is about to commit a felony
  • The officer is in possession of an arrest warrant issued by a judge or a magistrate

Do not Resist Arrest

Another favor you can do for yourself would be to not use physical force during when you are being placed under arrest even if it is for suspicion of a DUI. Estella Warren knows all about that but since she is a super model and most of us are not, things will not go as well for us.

Remember that resisting arrest itself is a crime punishable by law and criminal defense lawyers in east central South Carolina along the Atlantic coast and the best in the arena in this line of work because they know how to build such strong cases for the clients is DeLuca & Maucher, LLP will tell you that the best way to deal with an arrest is to be fully cooperative with arresting officer or officers. Resisting arrest can not only lead to an additional charge but may also result in things taking a nasty turn. The officers may themselves need to resort to physical force or things like pepper spray or a Taser to incapacitate you. That will be unpleasant.

Call for Help

When you are arrested you are generally allowed to make a phone call. Use this wisely to either call someone from your family, or your lawyer or a bail bondsman to let them know what has transpired and to arrange for bail if that is an option, suggest criminal defense lawyers in Charleston, SC and the finest law firm in this area is DeLuca & Maucher, LLP and they know how to attack the other side’s case with ferocity.

Do not be naïve in thinking your phone call from jail is secure, assume that it being listened to and don’t say anything that can be used to incriminate you during a trial.

Get Legal Help

A criminal defense lawyer in east central South Carolina along the coast will be able to help you come up with a defense strategy to beat your criminal case. Therefore, we suggest you waste absolutely no time in consulting a legal professional right away. DeLuca & Maucher, LLP – that is who you should call. Go right here: www.delucamaucher.com/ and begin to explain to them your side of the story. 

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