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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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What To Do If You're Getting Arrested

March 24, 2023

What To Do If You're Getting Arrested

No one ever expects to be arrested, but unfortunately it is a reality for many of us. Being taken into custody can be a confusing and frightening experience, so it is important to know what you should do if you are getting arrested.

What is the difference between being detained and being arrested?

Being detained means that you are not under arrest but are being held by police for questioning. Depending on the situation, you may be asked to go to the police station, submit to a search, or provide identification.


An arrest on the other hand is when you are taken into police custody and charged with an alleged crime or violation. You will be placed in handcuffs, searched, and taken to the police station for booking.


After the arrest process, you will have to make a court appearance and make bail.


The criminal justice system can be complex, so it is important to know your rights and what you should do if you are arrested. Here are some tips for what you should do if you are getting arrested:

What To Do If You Get Arrested

When it comes to getting arrested, it is important to stay calm and remember your rights. Here are some tips on what you should do if you are getting arrested:

Remain Calm and Polite

The most important thing to remember when being arrested is that it is best to remain calm and polite with law enforcement personnel. Anything said or done in a confrontational manner could lead to an escalation of the situation or additional charges being brought against you. It is also important not to resist arrest or struggle against officers in any way. Any resistance can result in additional charges being filed against you, so it's best just to stay calm, comply with instructions, and answer questions politely.

Follow Instructions

The first thing to remember if you are arrested is to remain calm and follow instructions. Keep in mind that the arresting officer has the authority to use force if necessary. Be respectful and comply with their orders. In addition, you have the right to remain silent; do not answer any questions or make any statements until you have consulted with a lawyer.

Know Your Rights

It is important to understand your rights when it comes to an arrest. The Fifth Amendment grants all US citizens the right against self-incrimination – meaning that you have the right not to say anything at all if questioned by law enforcement personnel during an arrest. These are also called Miranda Rights.


According to the United States Constitution, everyone has the right to due process which includes the right to an attorney and the right to remain silent. It is also important to know that police officers cannot search your belongings without a valid search warrant or probable cause (evidence that indicates criminal activity). If they search without probable cause, any evidence they collect can’t be used in court.
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Contact an Attorney

It is always best practice to contact and have an attorney present as soon as possible after being arrested. An experienced lawyer can help protect your rights during this difficult time and advise you on how best proceed with your case.


Additionally, they can provide information about bail bonds and other legal matters related to your arrest. A criminal defense attorney can also make sure that you are not mistreated or coerced into making statements or signing documents against your will.
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Finally, having an attorney on your side can reduce stress by knowing that someone is working hard on your behalf. The attorney client privilege also ensures that any information shared with them is confidential and can not be used against you in court.

What not to do if you get arrested

When getting arrested, It is important to understand what not to do if you are getting arrested. Remember that doing some of these things can result in additional charges and could make your case more difficult for an attorney to defend. Some of these things include:


  1. Do not resist or struggle against law enforcement personnel, even if innocent.
  2. Never make any statements or answer questions without the presence of your attorney.
  3. Avoid making any sudden movements during an arrest and keep in mind that police officers have the right to use reasonable force if necessary.
  4. Do not attempt to flee the scene or hide evidence; this could result in additional criminal charges being brought against you.
  5. Do not discuss your case with anyone without the presence of an attorney.
  6. Do not let law enforcement officers in your home without a search warrant.
  7. Do not allow any police officer to arrest you without an arrest warrant or probable cause.
  8. Do not make any false statements, as these could be used against you in court.


By understanding your rights, remaining calm and compliant with law enforcement personnel, following instructions and consulting a lawyer as soon as possible, you can help ensure that your rights are protected if you ever find yourself in the unfortunate situation of being arrested.


This article is for informational purposes only and does not constitute legal advice. If you have any questions about criminal law or your rights, you can consult a criminal defense attorney for legal advice.
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Conclusion

No one ever wants to find themselves in a situation where they are facing jail time or significant fines due to an arrest. However, knowing what steps need to be taken if this occurs will help ensure that all of your rights are protected throughout the entire process. Remembering these tips—remaining calm, following instructions closely, understanding your rights under the law, and contacting an experienced attorney—can help make sure that you get through this situation as smoothly as possible.


At the Law Office of Rolando Cantu, our experienced and dedicated criminal defense attorney can help ensure that your rights are not violated throughout the entire process. Contact us today for a free consultation with one of our experienced criminal defense attorneys. We are here to help!

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