by Tina Seymour Demoran, Esquire
This week, let’s cover a few aspects about the actual arrest.
Let’s start with the arrest warrant.
An arrest warrant is the document that authorizes police to arrest a person that they suspect has committed a crime.
However, if a police officer has probable cause to believe that a crime has been committed, the officer may make an arrest without an arrest warrant.
During the arrest, an officer may use force that is reasonable and necessary to overcome resistance. An officer may not use excessive force if it is not warranted under the circumstances. This is not the time to argue with the police or resist arrest in any way. Remember, do not touch the police officer for any reason.
Those who have been arrested have a number of rights after their arrest, including, what charges have been brought against them, the identity of arresting officers, to communicate by telephone with an attorney, family, friends or a bondsperson, to remain silent if questioned by police, and to be represented by an attorney before speaking with the police.
As I have said many times, the first thing you need to do when you’re arrested is remain silent.
Simply state that you wish to remain silent and that you want to speak to a lawyer.
Your arrest is not the time to try to convince anyone that you’re innocent.
It is the time to remain silent and not aid the police in creating a case against you.