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.
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