I Have Been Arrested for a Serious Felony: What Do I Do?

Finding yourself arrested for a serious felony can be a daunting and stressful experience. The immediate moments following an arrest are crucial, and how you handle them can significantly impact the outcome of your case. Here are some steps to guide you through this challenging time:

Remain Calm: It’s natural to feel scared and overwhelmed, but remaining calm can help you think clearly and make better decisions.

Invoke Your Right to Remain Silent: As soon as you are arrested, you have the right to remain silent. Avoid discussing your case with anyone, including the police, until you have spoken to a lawyer.

Contact a Lawyer: One of the most important steps you can take is to contact an experienced criminal defense lawyer as soon as possible. They can provide you with legal advice tailored to your situation and help protect your rights.

Avoid Making Statements: Refrain from making any statements or admissions of guilt without consulting your lawyer. Anything you say can be used against you in court.

Cooperate Within Limits: While it’s essential to cooperate with law enforcement to some extent, always consult with your lawyer before answering any questions or providing information.

Remember, being arrested does not mean you are guilty. Everyone has the right to a fair trial and legal representation. By taking the right steps after your arrest, you can help build a strong defense and protect your rights.

Can I Talk to My Lawyer Before Answering Questions?

Yes, absolutely! You have the legal right to consult with a lawyer before answering any questions from law enforcement. This right is protected by the Fifth Amendment of the U.S. Constitution, which guarantees your right against self-incrimination.

Here’s why it’s crucial to talk to your lawyer before answering questions:

Protection of Rights: Your lawyer can help ensure that your rights are protected throughout the interrogation process.

Legal Advice: A lawyer can provide you with legal advice tailored to your situation and help you understand the potential consequences of your statements.

Avoid Self-Incrimination: Without legal guidance, you may unintentionally say something that could be used against you in court even if what you said didn’t necessairly align with what you meant. A lawyer can help you avoid making statements that could harm your case.

Preparation: Your lawyer can help you prepare for questioning, ensuring that you are well-equipped to handle any questions that may arise, no mater how tricky they are worded.

Always remember that your priority should be to protect your rights and your future. Consulting with a lawyer before speaking to law enforcement can help you make informed decisions and navigate the legal process effectively.

The Police Say They Want to Help Me, Should I Go Ahead and Talk to Them?

While it may seem like the police are trying to help you, it’s essential to remember that their primary goal is to gather evidence and build a case against you. Therefore, it’s crucial to approach interactions with law enforcement with caution.

Here are some points to consider before deciding to talk to the police:

Consult Your Lawyer: Before speaking to the police, always consult with your lawyer. They can provide you with advice on whether or not it’s in your best interest to cooperate.

Know Your Rights: You have the right to remain silent and the right to legal representation. Exercise these rights to protect yourself from self-incrimination.

Be Cautious: Even if the police claim they want to help you, avoid making any statements or admissions without first consulting your lawyer.

Avoid Making Deals: Law enforcement may try to make deals or promises to get you to cooperate. Be wary of these tactics and consult with your lawyer before agreeing to anything.

While it’s essential to cooperate with law enforcement to some extent, always prioritize protecting your rights and your future. Consulting with a lawyer before speaking to the police can help you make informed decisions and avoid potential pitfalls that could harm your case. Remember, your lawyer is your advocate and can help guide you through the legal process effectively.

Anything you say can and will be used against you, is that correct?

Yes, that’s correct. One of the most important rights you have when interacting with law enforcement is the right to remain silent. It’s crucial to be aware that even seemingly harmless or innocent statements can potentially be twisted or taken out of context by prosecutors to build a case against you.

Is it true that if I ask a cop if they are lying, they have to answer honestly?

ABOULTELY NOT. Most people are astonished to learn that cops can lie to you. They can tell you they already have evidence that they do not have. They can tell you that someone has already told them what happened and that they have witnesses that have made statements against you even though it didn’t actually happen. Their job is to gather information by whatever means necessary, including telling you they are trying to help you. 

For more information on Criminal Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.