What
to do if you are getting arrested?
Yea,
you heard you are getting arrested now what? The American Justice
System can scared the hell out of you.
Remember
: Be Prepared
Security
is being free.
Prepare
yourself to go to court and defend yourself. Get yourself a criminal
lawyer for a criminal case, a business lawyer for a civil case. If
you need a lawyer do not hesitate, put this post down and get that
lawyer now. Going to the courthouse for your legal problems can
change your life.
It
can be very drastic if you are not prepared. Via this post I will
attempted to give advice on how to deal with the justice system. Know
that I am not a lawyer or any courthouse lawyer.
I
do not give you legal advice but just common sense advice from
years of experience and expertise. I will attempted to write this
post in simple language understood by the average American Joe.
I
will attempt to outline every step of your probable case. I will
attempt to explain what will happen and why it will happen.
Welcome
to the New World, a place of sight and sound and total confusion.
Unless you have money and are prepared.
Remember
:
The
American Justice system is as good as your lawyer. Life is not always
fair and the justice system can make it worse.
The
first step is to choose a good criminal lawyer. Find that good
lawyer by talking to friends or others who may have had criminal
problems and walked away from them.
Avoid
courthouse lawyers who solicit at its steps. Find that lawyer that
everybody in the Courtroom knows and respects.
Your
lawyer must know everybody in the Courthouse, the judges and the
District Attorney (this is the guy who will go after you). If the
District Attorney respects your lawyer it is most probable that he
will listen to your lawyer.
The
second step is to trust your
lawyer. He or she is about to defend you and your life. He is about
to attempt to protect you from the justice system which can be
brutal. If you committed the crime for which you are being tried. You
must tell your lawyer everything and every step you took.
If you
don't trust your lawyer enough to tell him everything? Get rid of him
and get a lawyer you can talk to. Remember, you are not helping him
if fail to tell him everything you know. His job is to defend you. He
does not care about your guilt or innocence. Create a good
relationship from the start by talking truthfully with him.
Do
not keep secrets from your lawyer.
Your
lawyer can not defend
you properly if he is not prepared for your surprises. Everything,
I say everything you say to your lawyer is confidential even if you
change lawyers in the middle of your case. The justice system is very
complicated and confusing. This means that you are a layman. You most
probably were educated in something else besides law.
This means that
you are entitled to ask any question no matter how stupid it may
sound.
Your
lawyer has over six years of legal school to give you answers. He has
the expertise to give you those answers. There will be times when you
think the lawyer is not communicating with you often enough. This
does not mean he is not working on your case. So play it cool, relax
your thoughts. Most lawyers are experts at what they do. Leave them
to their business of protecting and defending you. When your case
goes to trail your lawyer will be more prepared if you have left him
alone.
Remember when dealing with your lawyer you must have a clear
understanding of his legal services and fees. Up front get the fee's
before he starts working for you. When you have the fees settled than
leave him alone to work on your case. Do not let him concentrate on
your bill. But remember that a lawyer fee is apart from all legal
expenses such as money for investigators, documents, witnesses,
copies, transcripts, fax's and that constant notary.
Always
remember that the innocent will most often pay higher fees because
they will never plead guilt. Such cases almost always require extra
work and time. Never look for those 50% off deals with lawyers.
The
third step get your lawyer working for you before you are
arrested. The sooner the better prepared he is.
If
the Police are looking for you get that lawyer before you make
contact with the police.
Remember
the police are not your friends. They can and will bullshit you,
to get you, to give out information that can and will be used against
you.
They
may arrest you by the statements that you make.
Do
not make statements or remarks during the investigation, interview or
arrest. What ever you do, do
not confess they are professionals at getting people to confess or to
make those stupid remarks that get you convicted. If an officer or
investigator tells you that things go easier or that someone else has
implicated, you do not give out any
statement. I repeat
do not answer, imagine that you are sitting in an empty room waiting
for your lawyers. Remember anything you say is recorded and can be
used against you.
If
you say you want to go to the bathroom, it will be recorded. If you
say I want my attorney, to talk with, it will be recorded. Everything
you say will be recorded. What you say can hurt you.
Do
not speak to police officers.
When arrested some officers will say you are a witness. Even if they
claim you have no liability as a witness you need that lawyer.
Do
not speak to police officers.
The
only words coming out of your mouth, should be
I
do not wish to answer any questions without speaking to an attorney
first. I do not consent to a search. I do not consent to being in a
line-up. I will not waive any of my constitutional rights.
Thank
You
“ I
need to speak only to my attorney !. “
“ you
must now, leave me alone !.”
Your
lawyer must tell the police that they will not question you. If you
blurt out any confessions, they will be used against you. Don't even
tell police that you were present at the scene of any crime. Do not
even talk to your self your cell can be wired for recording any
conversations. Never believe for a moment that you can outsmart the
police. Never let them videotape you or record your image by cameras
outside the booking area.
Repeat
to the police, tell them you want to speak to your lawyer or a
lawyer.
If
you are in jail, I repeat do not say anything about your case to
anyone not even an other inmate.
Your
words can be used against you if they have valued to others.
Do
not say anything to anyone about your case.
Never
consent to being searched.
Never
consent to having your home or car searched.
Never
consent to be part of a line up.
Never
fight an officer,never resist an officer.
Always
object verbally and always ask for your lawyer.
Never
resist arrest.
Never
verbally assault a police officer, doing so can and may result in
felony charges being added to your case or an a specialized officer
can hurt you in a scuffle.
If
you are ever required to go before a line-up, ask and request that
your lawyer be present but do not give permission. Your lawyer can
determine if they can put you in that line-up or not. Your lawyer can
make sure that you resemble others in the line-up. That the line-up
is equal and fair toward you being present. If you are not picked out
during the line-up your case could be over with. Over before it
begins.
Remember
this identification cases are difficult to defend even though we know
that identification is the least accurate testimony against anyone.
The
fourth step, the surrender this step must be arranged by your
lawyer. Your surrender can be valuable by showing the court that you
are a responsible citizen, a citizen entitled to be released on his
own recognizance. Always cooperate with your lawyer present.
The
fifth step, the court sets your bail. By having surrendered you
have shown the court that you are likely to return to court. It might
not be necessary to giving a high bail amount. Your lawyer can speak
at this time to the judge about your cooperation. Surrendering might
not get you a low bail but it can help.
The
sixth step, Now you must talk to your lawyer. Clear the dust,
give him the information that can help him defend you.
Give
him any information about witnesses. Alibi's and or eyewitnesses.
Give him the names, addresses and telephone numbers for such people.
Your
lawyer can get required statements and advise them about talking to
investigators or the justice system.
Tell
your lawyer where and when you were arrested and the circumstances of
the arrest. Tell you lawyer if you were shown to witnesses or their
procedures of identification.
Tell
your lawyer of anything found or confiscate from you especially if it
relates to the case.
Tell
your lawyer if the police had an arrest warrant or search warrant.
Tell
your lawyer of any stupid remarks or statements you have made to the
police or investigators.
Tell
your lawyer whether you were read your rights.
Tell
your lawyer whether force was used against you.
Tell
your lawyer whether you have any injuries.
Tell
your lawyer whether you know the witnesses against you or if they
have any motives to lie about you or anybody else.
Tell
your lawyer if you are on probation or parole.
Tell
your lawyer whether you have any mental or physical problems that
could affect your case or defense.
Tell
your lawyer if you are not a citizen or criminal conviction on
immigration.
Remember
a police officer can and will arrest you without an arrest warrant if
he or they see you committing a crime. Never give an officer probable
cause to arrest you.
Never
verbally admit to anything.
It
is difficult to believe that the statement of one fool or witness can
get you arrested.
After
an arrest, the police will take you to jail for booking before you go
to court. The time between arrest and arraignment by a court varies
from state to state.
In
the booking area you will be searched, photographed and
fingerprinted. Your fingerprints will go to the state and federal
justice systems for review. They will determine if you are wanted or
have any outstanding arrest warrants for you.
You
will than be taken before a judge to set bail. During this process
they will ask about your address and references needed for your
release. Give them good information, they will confirm the
information given.
The
better the information, the better chance for a lower bail. As with
all courts there are many delays it not uncommon to wait more than 24
hours.
If
you have to spent the night in jail do not get upset, there is
nothing that can be done about avoiding it.
When
you are before a Criminal Court for Arraignment you must have your
lawyer at your side. Your lawyer will interview you and tell you what
the charges are. He will advise you about what rights you have there.
Sometimes your lawyer and the District Attorney will talk before the
bench with the judge before them. They will or may discuss your case.
Valuable information is often gained at these discussions do not be
alarmed about such discussions. Many cases are disposed of at
arraignment, offers can be made.
Your
lawyer will discuss such offers with you. Listen well to your
attorney.
Be Prepared for anything. Security is
freedom.
If
the charges against you are serious they will not be disposed of at
the arraignment. The District Attorney will give your notice of your
case going to a Grand Jury. Your attorney will discuss Grand Jury
proceedings with you.
Now
let's talk about bail. If you are remanded without bail it is
a serious felony or have other cases against you pending. The
judge will set a bail amount if not remanded.
Remember
when being heard before a judge for bail it will help to have as many
friends as possible in the courtroom.
Bails
can be lowered if your attorney can show the judge that you have many
friends, friends willing to come to court to see you. Have your
friends appear before the court with bail money.
Remember,
when a judge looks into the courtroom, he doesn't see a bunch of
idiots, what he sees, are a lot of voters.
If
you are able to provide bail money in the courtroom you won't have to
go back to jail to await bail being posted. If you have to get bail
from bail bondsman, he will require cash and or collateral for any
balance.
There
are, those times when we can not afford a lawyer and the court will
assign a lawyer for you. Such lawyers are called Public defenders. If
you reside in a large city such lawyers work for the Legal Aid
Society. Many people think that legal aid people are not lawyers.
Contrary to popular opinion they are lawyers and many are competent
lawyers. They are well-trained and are very dedicated to their
profession. Such legal aid groups have support staff, social workers
and investigators.
After
the arraignment, if you can't make bail you are going to stay in
jail. During your stay in jail the District Attorney will have six
days or the time ordered by the court to make his case against you.
The D.A., may bring witnesses before a Grand Jury to testify what
they know or saw.
The
Grand Jury is a group of sworn citizens that listen to everything
about your case and determine if you must be brought before a jury
for trail. It takes 12 jurors to indict you.
Next
the D.A. May tossed out the case or keep it for trail. Most citizens
do not realize that a D.A. Can hold your case indefinitely before
charging you. If your lawyer is a good friend of the D.A. anything
can happen. If you are on bail he can hold it until the court
tells(orders)him to drop the charges.
I
knew a D.A., who had 5 felony grand jury indictments against a friend
of his and never arrested his friend or charged him with anything.
Those indictments sat in a drawer until he left office. Needless to
say the indictments disappeared during the move out.
It
is said that Grand Jury proceedings are secret in order to protect
the witnesses. Remember the Grand Jury hears everything in a
Courtroom and all witnesses wait in a courtroom lobby. How can you
keep the lobby area secret from the public walking the lobby area?
If
you are indicted by a Grand Jury while at home. The Sheriff's office
will soon be knocking on your door.
If
the Grand Jury votes a No True Bill, this means that your case
is over. Your lawyer has done his job.
If
you have been indicted by the Grand Jury your case is now pending.
You must appear at every court order event you are required to
attend, unless your attorney has obtained a court excuse for you.
Keep track of all your court dates, you are suppose to be the model
citizen. Do not miss any event that you have been ordered to appear
for.
The
responsibility to appear is very important to your security, your
freedom, do not joke about it. Always arrive at least one hour early
to the required courtroom. If you appear at court and your lawyer
isn't there. Check with the courtroom staff, make sure it's the right
court and the right date. If you leave the court room to find your
lawyer notify the court room officers what you are about to do. This
may prevent your case from being called. If you are not there when
called they will issue a bench warrant for your arrest. If you are
out on bail you can have your bail forfeited. Not appearing for court
is a separate crime. Failure to appear nay appear in your record for
many years and will always set a higher bail in future court house
events. If you are ill tell your lawyer about the illness before the
hour of appearance.
Remember
these points when dealing with Police Officers.
If
you're arrested, you can tell the police your name, ad-
dress,
date of birth, etc., but don't answer questions
about the crime or where you were when it happened.
These
are the only words you must say to police officers.
I
do not wish to answer any questions without speaking to an attorney
first. I do not consent to a search. I do not consent to being in a
line-up. I will not waive any of my constitutional rights.
Thank
You
There
are many important procedures and details not covered on this post.
That's why you need that lawyer when dealing with the American
Justice system.
The
most important lesson here is to be prepared.
Know
what is ahead, know that security is freedom.