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Have you just been arrested?
Protecting Your Rights After an Arrest
1. Remain Calm.
First, remain calm. You have just been arrested, and we understand that can be a frightening and stress-inducing experience. But, being arrested does not mean you are guilty, and it does not mean that your life is over. Take a deep breath, listen to what the arresting officer says, and be smart about protecting your legal rights.
2. Assert Your Right to Legal Representation.
Once you have been arrested, you have the Constitutional right to be represented by an attorney. So, ask to speak with your lawyer. Not only will this allow you to seek legal advice, but it will also prevent you from facing interrogation without the benefit of legal representation.
3. Assert Your Right to Remain Silent.
After an arrest, you also have the right to remain silent. Even if you are sure you are innocent and you think you can explain what happened, do not attempt to do so. The police and prosecutors can use anything you say against you, and trying to explain or answer the arresting officer’s questions can only have negative consequences for your case.
4. Be Respectful Toward the Arresting Officer.
While you need to avoid saying anything that could jeopardize your defense, you also need to be respectful toward the arresting officer. Politely request to speak with your lawyer and state that you are exercising your right to remain silent. Also, it is vitally important to avoid doing or saying anything that could lead to a confrontation.
5. Do Not Resist Arrest or Attempt to Flee.
Regardless of the circumstances surrounding your arrest, you do not want to resist arrest or attempt to flee. Failing to cooperate with the arresting officer will only worsen your situation, and likely lead to additional criminal charges against you.
6. Focus on Remembering the Facts of Your Arrest.
Amidst everything that is going on, it is important to try to remember the details. What were you doing when you got stopped or pulled over? Did the arresting officer inform you of your Miranda rights? What else did the officer say before, during, and after your arrest? What did you say? What else stands out from your interaction with the arresting officer?
As soon as you have the opportunity to do so, you should write down everything you remember about your arrest. No detail is too small. Your attorney can decide what is relevant and how to best use your recollections for your defense.
7. Make Sure You Know the Key Dates and Deadlines in Your Case.
After an arrest, your first court appearance will be the “initial hearing” (in other states, this is commonly referred to as an “arraignment”). You need to make sure you know when and where your initial hearing is scheduled, and you need to plan to attend with your attorney. If you do not think you can afford an attorney, you will have the opportunity to ask for a public defender during your initial hearing.
Following your initial hearing – which will usually take place within a few days following your arrest – there will be a number of other key dates and deadlines you will need to be aware of as well.
8. Understand the Potential Penalties for the Crime(s) Alleged.
Oregon and Washington have strict sentencing laws for felonies and misdemeanors, and there are a number of “sentencing enhancements” that can result in penalties above and beyond those imposed under normal circumstances.
9. Follow Your Attorney’s Advice.
To a certain extent, the steps you will need to take after your arrest will depend on the severity of the charges against you and the nature of the allegations in your case. To avoid damaging mistakes and put yourself in the best possible position to present the strongest possible defense, you need to follow your attorney’s advice.
UPDATED – If any information listed is non-conviction related (charges dropped) we will remove it upon request. This sometimes occurs if the states system has not been updated to reflect these changes when we pull the records.