What to do if you’re contacted by law enforcement
Defending clients in the Olympia, Tacoma, and Pierce County areas
Do not answer any questions other than your name and where you live.
Being charged with a crime is one of the most upsetting and complex things that can happen to a person. If this has happened to you, you need immediate legal help.
Initially you may be just detained, or you may be immediately arrested, depending on circumstances. In either case, you’re not free to leave.
Don’t resist arrest
Resisting arrest is in itself a crime and you could be charged with this as well as with the original crime you were arrested for.
If you do resist, the officer can use force to overcome you, even deadly force if there’s risk of bodily injury.
Being booked
If you’re arrested, you’ll be booked. This means your arrest is recorded, and your photo and fingerprints taken. You’ll be asked for an ID. Depending on what crime you’re charged with, you may also be asked to give certain evidence, such as taking a blood alcohol test.
When that’s done, you have the right to contact a criminal defense lawyer.
Contact a criminal defense lawyer
Before answering any questions (beyond giving your basic personal information), contact a criminal defense lawyer. While the arresting officer(s) may try to persuade you that it’s in your best interests to “cooperate” with them by answering their questions, you have the right not to answer them until you consult a criminal defense lawyer.
It’s true that being cooperative will help you get along with the police. But you can be courteous when you refuse to answer questions and remind them that you have the right to first speak with a criminal defense lawyer.
If you go ahead and give information to the police beyond the basic personal facts such as your name, address and phone number, it could be used by the prosecution against you later on.
At the Law Office of Charles W. Lane, IV, your first consultation is always free of charge and we’ll examine your case in detail, answering all your questions.
Preserve your rights
An officer should read you your Miranda Rights, which basically say that:
- You have the right to remain silent
- Anything you say could be used against you
- You have the right to have a lawyer present when you’re questioned
- If you can’t afford a lawyer, one will be appointed for you
If you’re not given these warnings, it doesn’t mean your case will be dismissed. But it does mean that your criminal defense lawyer can ask that any statements you made at that time be excluded from court.
Misdemeanors vs. felonies
These are two types of crime that are differentiated by what the penalties are. If the penalty mandated by law is jail for longer than a year, the crime is a felony. If the jail term would be for less than a year, the crime is a misdemeanor. There’s also a plain misdemeanor, which brings a jail sentence of 90 days or less, and a fine of up to $1,000.
In all cases, you’d do well to be represented by an experienced criminal defense lawyer.
Posting bail
Bail is cash or some other security that’s deposited with the court as insurance that you’ll appear at your court date. If you can’t post the bail, you’ll be kept in custody.
Sometimes you can be released OR (on your own recognizance), perhaps supervised in some way. The judge might do this if he trusts you to show up at your court date
Searches
The arresting officer can search your person and car without a warrant and without your permission, under certain circumstances. If an illegal search is conducted, a judge will probably exclude from court any evidence thus found. An experienced criminal defense lawyer will be able to negotiate that for you.
Plead “Not Guilty”
In the United States, everyone charged with a crime is legally presumed innocent until proven to be guilty. Unless advised otherwise by your defense lawyer, always plead “Not Guilty”. That will enable your criminal defense lawyer to negotiate and argue towards reducing your possible sentence.
If you plead “Guilty” without first consulting a criminal defense lawyer, you’ll be limiting your lawyer’s options in defending you.
Whatever crime you’ve been charged with, whether it’s assault, shoplifting, reckless endangerment, burglary, fraud, prostitution, arson, or any of the hundreds of other crimes, you need expert legal defense from the first moment.
At the Law Office of Charles W. Lane, IV, we offer you a free case evaluation. You will get the help you need, 24 hours a day 7 days a week. Criminal defense lawyer, Charles Lane will start working on your case the moment he represents you.
Our unique process gives you immediate and unlimited access to a representative from the firm who will work with you in developing a proactive strategy to help you avoid jail and defeat the charges against you.
You need an aggressive, experienced criminal defense lawyer working for you now. Find out more about our Criminal Cases, and The Law Office of Charles W. Lane, IV Criminal Process. Contact Us today!
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