If Arrested for Sexual Abuse
The Ten Don'ts of Being Arrested

1. Don't
run!
You can’t outrun radio cars
converging on your position. When you run, you risk an injury
and/or a forceful arrest. Even worse, the police might suspect you
have a gun. Worse still, this may frighten the officers and cause
them to draw their weapons more readily. Even though you know
the accusations are false, don’t run.
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2. Don't explain.
In false accusation cases, as with
other cases, it is very difficult to dig
clients out of the holes they create for themselves when they babble to
the police, even before the police have asked a single question.
Judges and juries always discount those things a suspect says that helps him, but give
great weight to anything that hurts him. There’s a very good reason
why the police have to say "anything you say can and will be used
against you..." If you have to say something, say "I don’t want to say
anything until I speak to an attorney."
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3. Don't get overconfident . .
.
Even if you have been wrongly
arrested. Don’t get brash, don’t explain, and don’t get sassy. The
Police have a lot of input into what charges are brought. The police
can write up a minor crime (a misdemeanor) or a major crime (a
felony).
If you interfere with them, the police can pile on charges and
later, and they can ask the prosecutor to be
more severe. If the police are "just doing their job" and you don’t
cause them added difficulty, they just may give you the break they
wouldn’t if you make their job more difficult. Just get through it with
as little hassle as possible. |
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4. Don't give permission to search.
If the officers ask to
search your person, your bag, your car, your house or apartment, it
usually means they believe they don't have the right to search you and
feel compelled to ask for
your consent.
If an officer orders you to turn over
your bag or car keys etc. say loudly and in a polite manner, "You DO
NOT have my permission to search." When there are possible witnesses
nearby, this may help your attorney later to exclude from evidence items the officers find. Remember the three previous "don’ts." Even if the
officers find something you wish they hadn’t, don’t talk, don’t explain,
and don’t get sassy.
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5. Don't look around nervously . . .
at the places you don’t want the
police to search. If you’re going through a legal or even an
illegal search, don’t help the officers by directing them with your
eyes to places you don’t want them to search. Don’t sigh, don’t gasp.
Just look at the ceiling or the ground. And for goodness' sake,
don’t answer questions like "What is this?" or "Who does this
belong to?" |
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6. Don't resist arrest.
Just get through
it. Don’t push the police or try to push their hands away. While
resisting may be only a misdemeanor in your state, assaulting an
officer or any injury to the police officers may well turn your
minor crime into a felony. Don’t resist--simply get through
it. |
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7. Don't be Mr. or Ms. Congeniality.
Trying to convince the officers of
your innocence is useless. Remember, the police only need a
reasonable suspicion to stop and arrest you. The police don’t decide whether you’re guilty. That’s
the job of the judge or jury. They’ll free you if the officer is
wrong. Remember, this isn’t television. If you try to convince the
officer that he’s made a mistake, you’re going say something that
"can and will be used against you." |
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8.
Don't believe what the police tell you . . .
when they’re trying to get you to
talk. Thanks to Presidents Nixon, Reagan, and Bush, and the people they
nominated to our Supreme Court, the police are now permitted to lie to
you to get you to talk. They do it all the time. Often, they’ll put a
fellow arrestee in a separate room and tell that person that you said
such and such, then come back and tell you that the other person said
such and such. Don’t believe the police when they’re trying to get you
to talk. Be quiet and wait to speak with your lawyer. |
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9.
Don't invite the police inside your home.
Don’t step outside either. A person’s home, no matter
how humble, is his castle. Even if the police believe you have committed
a felony, they usually need a warrant to go into your home and arrest you. If they ask you to step outside, DON’T. Don’t make it
easy for them. Instead, respond with "I’ll just stay right here,
thanks" or "Please let me see your warrant." Unless you’re running away
from them, having just committed a crime, they need a warrant to arrest
you or enter your home. Just stay put, be polite, and get through it. |
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10. Don't agree to secure your car or go into your
home . . .
to get some things or to tell
the wife. Why? Because the police will follow you to your car or
inside your home and then be able to begin a warrantless
search. Just stay put, be polite, and get through it.
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