WHAT TO DO WHEN YOU GET ARRESTED
Don’t be afraid to assert your constitutional rights and demand they be honored and respected. If you don’t, no one will!
THREE THINGS TO REMEMBER
1. NEVER CONSENT TO A SEARCH: Although you should never physically resist the police, do not consent to any search of your person, home, and/or property. This includes your vehicle. If the police ask for consent to search, tell them “no”. If they persist, state aloud: “This search is being done without my consent”. If they tell you they will seek a warrant, say “please do”.
2. INVOKE YOUR RIGHT TO REMAIN SILENT AND TO CONFER WITH COUNSEL: If questioned by law enforcement, whether or not you have been arrested, simply state the following: “I respectfully invoke my constitutional right to remain silent pursuant to the 5th Amendment of the United States Constitution, and I respectfully demand my right to confer with my attorney Ronald Miller or Michael Becker pursuant to 6th Amendment of the United States Constitution.” Law enforcement may resort to deception and even lies in the course of an investigation. This is true whether or they know if a crime has actually been committed. Be assured that if you are detained and/or arrested, law enforcement will NOT be persuaded by anything you say to release you. Do not believe anything they promise you! Law enforcement is NOT your friend, your attorneys are!
3. CALL YOUR LAWYER: Assert you’re RIGHT to a telephone call from the jail and call your attorney Ronald Miller (818) 789-9999 or Michael Becker (213) 437-0555. One of them is always available, 24 hours a day, 7 days a week, and they accept collect telephone calls from all jails. Remember, your telephone call to your attorney is confidential. Your call to others may be recorded and used against you.
While you should ALWAYS assert your rights, be polite and do not antagonize law enforcement.
ARRESTED FOR DUI?
If you are arrested for DUI, you are legally required to submit to a blood, breath or urine test to determine the concentration of alcohol in your blood (if there may be substances in your system other than alcohol, such as drugs, chose breath). If you refuse, your driving privilege WILL be suspended for one year even if you were not under the influence. In addition, you may hurt your defense. Although you do not have the right to have your attorney present prior to or during any blood alcohol test, all of your other rights apply. You may refuse any field sobriety test and/or preliminary alcohol screening test (test that is administered in the field), but a refusal may work against you in court.
Even in a DUI stop, ASSERT AND DEMAND YOUR RIGHTS!