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A Couple of Things You Should Do and Not Do If You Are Arrested in Maryland

A Couple of Things You Should Do and Not Do If You Are Arrested:

1.         Don’t Run From the Police.

Don’t try and run from the police.  The police have hundreds of police officers, cars, dogs, helicopters, street cameras, radios and many other tools of the trade that they can find you with.  You will only make a police officer or warrant squad angry with you if you run and rack up more charges.  I have more clients that have tried to run from the police and they were injured in the process and made the police angry.  A charge that could have been a simple traffic violation just became a fleeing and eluding charge.  In addition, if you injure someone in the process then you could be in more trouble.

If you have been arrested or charged with a crime, contact a Baltimore County Criminal Defense Lawyer, G. Randolph Rice, Jr., at 410.288.2900 (available 24/7).

2.         Don’t Resist.

If the police have you then there is no point in fighting them.  The handcuffs are made from steel, and you are not getting out of them.  Also, if you are caught, then don’t spit, hit, bite, push, or make any other movement towards the officer.  A simple charge can turn into a second degree assault charge and resisting arrest.  You can argue a possession issue or a traffic stop in Court but you can’t argue to a Judge that you’re a good person when he hears you punched a police officer.  Also, when you resist you are signaling to the officer that he or she may need to increase their force.  So a simple hands on arrest can turn to Taser or knight-stick across the arm to subdue.

If you have been arrested or charged with a crime, contact a Baltimore County Criminal Defense Lawyer, G. Randolph Rice, Jr., at 410.288.2900 (available 24/7).

3.         Stop Speaking.

I know this is a novel concept to some people, but the more you say the more you incriminate yourself.  Remember, when you go to Court, it is the State’s burden to prove you guilty, not your burden to prove you are innocent.  I have many clients that as I am reading the statement of charges they look as if they did nothing wrong and the State cannot prove their case.  It’s when they begin to speak to the officer or detectives they incriminate themselves.  So stop talking.   All you have to give to the police is your name and maybe some other vital information.  If you are stopped for a traffic violation all you have to give them is your license, proof of insurance, and vehicle registration.

4.         The Back of a Police Car is not a confession booth.

Everyone thinks that they can explain away their actions or the situation.  When you get into the back of a police car, you should play the quiet game.  I have yet to represent a client who was let go once he or she arrived at the police station based on what the conversation was in the back of the police car.  If you are in the police car then you are 99.999% sure that you are going to be charged with a crime and you can only hurt yourself by speaking or explaining your side of the story.

5.         A Search is Not Required.

Do not give permission to search anything.  If a police officer asks to search your person, car, home, boat, plane, or any other place, your answer is no.  Not a rude “no”, just a polite “no”.  If the officer wants to get into that space then he needs to do his work.  You are not there to make it easy for the police.  If they want to search something, then they have ways to do that.  Let them do their job and don’t assist in allowing them to search.  A search that is not consented to is a lot easier to beat in Court than a consent search.

If you have been arrested or charged with a crime, contact a Baltimore County Criminal Defense Lawyer, G. Randolph Rice, Jr., at 410.288.2900 (available 24/7).

6.         Don’t Help the Police Search.

If the police do begin to search, this is another time to remain quiet.  You don’t have to tell them where to look, or explain some item they find.  Also, don’t react if they do find something.  Don’t say, “That’s not mine.”  It doesn’t matter at that point, they will charge what they believe they have probably cause to charge, no need in giving them a road map to the case.  Those issues can all be tried in Court.

7.         Don’t Yell or Scream At the Police

Police officers are just like the rest of us in our jobs. You don’t want people to come to your work and began yelling and cursing you.  The officer may give you a break, be nice to you, give you better treatment along the process, if you begin to yell at the officer, they are going to treat you with the same lack of respect.  They will ignore you and your booking process may take twice as long because they don’t want to deal with you and your cursing and yelling.

8.         Police Can Tell You a Tiny Fib

I would say that 99.9% of police officers do not lie, it’s not worth it.  Police officers have a tough job, they have to deal with drunks, drug dealers, and violent individuals.  They also have great benefits that can last the rest of their life.  If they lie on a simple possession charge for an arrest and he or she gets caught then he is fired, he loses all of the benefits.  It just not worth it and they know that.  If an officer says the car was red and it was pink, well that’s’ night a lie, they made a simple mistake.  Will it change the core facts of the case, it depends, and that’s why you want a lawyer to question every fact.  Now, that doesn’t mean they can’t tell you a lie the  night or day you are arrested or when you are being questioned.  If the police tell you that Joey says you stole the dirt bike, they may not have even talked to Joey, they want you to say, “well Joey took the bike, but I helped him carry it.”  You’re done and they have you placing yourself in the middle of the theft.

If you have been arrested or charged with a crime, contact a Baltimore County Criminal Defense Lawyer, G. Randolph Rice, Jr., at 410.288.2900 (available 24/7).

9.         Police Do Not Need to be in Your Home.

Your home is one of the most protected locations when it comes to the constitution.  If a police officer wants to come into your home then you need to insist they have a warrant.  If no warrant then no entry.  Simple, easy and you should always apply that rule.  You don’t ask them to step inside.  I have represented countless clients who open the door for an officer, ask him to enter and once the officer is inside they begin to see, in plain view, items that can allow the officer to make an arrest.

10.       Here are our tips on How to Handle a Traffic Stop (Glovebox Guide)

BEFORE THE TRAFFIC STOP

1.      Don’t use your cell phone, purchase a hands free device and use it all the time;

2.      Don’t speed or drive recklessly;

3.      Signal and pull over quickly and safely;

4.      Roll down your window and turn off your vehicle;

5.      Wait for the officer to ask for your documents, don’t rummage through your car, this is suspicious;

6.      Stay in your vehicle unless instructed otherwise.

DURING THE TRAFFIC STOP

1.      Treat the officer with courtesy and respect;

2.      Let the officer speak first, don’t be aggressive;

3.      Don’t incriminate yourself, never admit guilt;

4.      Don’t make excuses, lie or beg;

5.      You don’t have to answer any questions, simply tell the officer politely that you prefer to not answer any questions;

6.      If stopped for a DUI / DWI, there is no legal requirement that you submit to any field sobriety tests, you may politely refuse the request from the officer;

7.      You don’t have to give consent to any searches;

8.      Sign the tickets; refusal can result in more citations.

AFTER THE TRAFFIC STOP

1.      If you’re arrested, remain cooperative;

2.      If you’re arrested for a DUI / DWI, you are lawfully obligated to submit to a breath or blood chemical test.  If you refuse to submit to a test, the first time your license will be suspended for 120 days and one (1) year for a second of subsequent offense.  If you submit to a test and your alcohol concentration is at least 0.08 but less than 0.15, the suspension will be for 45 days for first offense and 90 days for your second or subsequent offense.  For test results of 0.15 or more, the suspension for a first offense will be 90 days and second or subsequent offense will be for 180 days.

3.      You don’t have to answer any questions, you can remain silent;

4.      Hire attorney G. Randolph Rice, Jr. immediately. If you’ve been issued citations, contact me immediately 24/7 at 410.288.2900 to ensure that you maintain your license and reduce any MVA penalties;

Baltimore County Criminal Lawyer

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