Massachusetts Legal Developments Blog

What You Should and Should Not do While Being Arrested

A fugitive on Massachusetts’ Most Wanted List was recently arrested in Arizona. The suspect is wanted in multiple sexual assaults against a child younger than 10 over an extended period of time. The arrest occurred at an abandoned house. Massachusetts law enforcement first obtained a warrant for the man’s arrest in 2013, but he fled after learning about the investigation. The man was subsequently added to Massachusetts’ Most Wanted List. Fortunately, the suspect was taken into custody without incident. 

One of the most important things to do if you have been arrested is to remember that you have the right to remain silent. You also have the right to an attorney. You should refrain from doing things that could only make your case worse, like fleeing. The following will discuss some of the other important information that you should know in case you are arrested. 

Understand What Constitutes an Arrest

A person is considered to be arrested when law enforcement takes that individual into custody. Custody is determined to have occurred when a person does not feel free to leave. Although many people who are arrested are taken to jail, the arrest actually often begins at a much earlier point in time. 

Law enforcement is only able to arrest an individual if the officer witnesses the individual commit the crime, the officer has probable cause to believe that the person committed a crime, or a judge has issued an arrest warrant supported by probable cause.

Avoid Using Force 

In most arrest situations, a person does not have the right to resist an arrest, even if the arrest is illegal in nature. An individual who uses force can be charged with resisting arrest, battery on an officer, or even worse offenses. That individual can face serious injuries, as well. 

If you are arrested without probable cause, an experienced criminal defense lawyer can help you pursue these matters in court.

Do Not be Afraid to Invoke Your Rights

During an arrest, it is important to remember your Constitutional rights. For one, you have the right to remain silent. You also have the right to speak with an attorney. After asserting your rights, you should then remain quiet. By continuing to talk to law enforcement, you risk saying something that could incriminate you and eventually be used against you in a court of law. 

While you should tell law enforcement your name or contact details, if asked, you should refrain from sharing any other type of information. You should be similarly cautious about talking with other prison inmates, who might disclose confidential information. 

Contact an Experienced Criminal Defense Attorney

Being arrested is a frightening experience. If you have questions or concerns about what you should do following or if you anticipate that you are about to be arrested, you should not hesitate to speak with an experienced attorney. 

Contact criminal defense attorney Edward R. Molari immediately to obtain the assistance you need.