Tessmer Tips 2012 for April 2nd through April 13th are focused on what to do if you are arrested:
Day 1:
The criminal justice system
protects the public by arresting and jailing criminals. Not everyone who is
arrested is the bad guy. If you or a friend/family
member is arrested, you need to know your rights. Stay tuned the next two weeks for Tessmer
Legal Tips on “What to do if you are arrested….”
Day 2:
A law enforcement agent (police
officer, state trooper, sheriff) can constrain your freedom of movement in an
arrest because of your possible involvement in a criminal offense. You can also be taken into custody if there
is a warrant for your arrest. If a
warrant has issued, you can be arrested in your home or any public place.
Day 3:
The police can arrest you without
a warrant for committing a misdemeanor in their presence. Examples include: trespassing, disturbing the peace, driving
under the influence of alcohol, failing to stop when you are in an accident,
driving without a valid license, or causing the police to believe you will
disregard a traffic citation.
Day 4:
What is a citizen’s
arrest? Any citizen (most often this
happens with a security guard or store owner) may arrest you if you have
committed a crime in their presence.
They can also arrest you if they have good reason to believe that you
have committed a felony. The arrest is
only lawful if you committed the crime for which you are arrested – you may be
entitled to damages for unlawful arrest if you committed no crime.
Day 5:
Resisting Arrest? The police may use the reasonable force
necessary to arrest you, but they are not permitted to use excessive force or
brutality. Even if you are innocent, you
should not resist arrest. You don’t want
to be charged with resisting.
Day 6:
Ordinarily, the police must have
a search warrant before conducting a search.
After an arrest, the police may search you and the immediate area around
you without a warrant if they reasonably suspect that you may be armed. A search is also permitted if police see
contraband at the time of an arrest.
Day 7:
Once arrested, you are entitled
to telephone a lawyer, a friend or a family member to notify them of your
arrest. You also have the right to
consult an attorney and have him/her present when the police question you. The best practice is to remain silent until
your lawyer is present since any statement you make can be used as evidence
against you.
Day 8:
After an arrest, if you cannot
afford an attorney, you are entitled to a court-appointed lawyer. The police are required to notify you of
these rights before questioning you …. Even if you decline an attorney initially,
you retain the right to have a lawyer at any time after being arrested.
Day 9:
After an arrest, you will be
brought before a judge to be formally charged with a crime and provided an
opportunity to be released while awaiting trial. You might be required to post bail, or just
on your promise to appear in court. To
decide whether to require bail, the judge will consider various factors, such
as your family ties, financial resources, employment record and the seriousness
of the crime you have been charged with.
Day 10:
For people who have never before faced criminal charges, an arrest can
be a frightening experience. The stress
of an arrest may cause you and family/friends to overlook important matters,
such as the right to remain silent and the right to a lawyer. If you are arrested, call an attorney for
guidance. Above all, do your best to stay calm.
An arrest is NOT a conviction.
You really are innocent until proven guilty.