When You're Arrested
Since the vast majority of arrests aren't planned in advance, few criminal defendants have the opportunity to get legal advice before the arrest. That's unfortunate, because many critical mistakes take place before, during, and after the arrest. Sometimes, by the time a defendant speaks to a criminal defense attorney, he's already made mistakes that will negatively impact his defense-and maybe even result in additional charges. Every case is different, but these basic guidelines for what to do if you're arrested may help you to avoid complications, damage to your defense, and possibly even additional charges.
Cooperate:
No one wants to be arrested. That's certainly a reasonable feeling, yet it can lead to a multitude of problems for criminal defendants who react instinctively rather than thinking through the effects of their actions during an encounter with police. Physically resisting arrest-even if it's just running or dodging-is in itself a crime in most states. And while trying to talk your way out of an arrest isn't in itself a crime, it has some significant downsides as well. One is that the officers will likely note in their reports that you were argumentative, an image that will work against you with judge, jury, prosecuting attorney, probation department, and a host of other people who suddenly have it in their hands to impact your future. The second is even more significant-the more you talk, the more likely you are to say something that can be used against you.
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Remain Silent:
Every American with a television set knows "you have the right to remain silent", but it's not a right that most criminal defendants think to exercise. Many naively believe that if they can "explain" to the police, the whole thing can be cleared up right there at the scene. Others speak out of anger, continuing the altercation that spurred someone to call law enforcement in the presence of the police. You undoubtedly know "anything you say can and will be used against you.", but most people outside the legal community don't have enough knowledge or understanding of the law to make good judgments about what kind of statements might be harmful to them.
Posting Bond:
Depending on the nature of the charge, a criminal defendant may be offered the opportunity to post bond in a criminal case immediately, or there may be a delay. For some crimes, in some venues, a judge must set bond, and so the arrestee has to stay in jail until he can appear in court. In some areas, a defendant in a drug or alcohol related crime isn't allowed to post bond until the drugs or alcohol have left his system. When the defendant is able to post bond, the processes vary from state to state and even county to county. Some areas require bondsmen, while others allow the posting of a 10% cash bond with the court itself. Which bonding system is in use determines whether the defendant will get money back at the end of the process, and how much.