Many people are unaware that their rights are being compromised while under arrest. They think because they are wearing handcuffs or behind bars that they are at law enforcement’s disposal. It’s important for detainees to understand that they still have many rights even when under arrest. For criminal allegations that involve conflicting reports like sexual assault, the police rely heavily on the detainment process to gather more evidence pertaining to the alleged crime and to, hopefully, seek a confession from the arrested party. If you are in need of a sexual assault defense attorney in Tampa please contact us today. In this two-part article, we first educated you on some of your basic rights while under arrest. In this section, we will give you some advice on how to behave while detained.
If arrested, the most important thing to remember is that you have “the right to remain silent.” Sometimes the arrested party is coerced into speaking about their charges. This can lead to the detainee answering a misleading question that indicates them to the crime or they could become nervous and change a small detail in their narrative that puts their defense in question. Whether it’s trying to defend your innocence or disclosing information that the police wrongfully believe is relevant to the crime, there is nothing good that comes from engaging in conversation with the police without the presence of an attorney. It’s extremely important to remember that you cannot be punished for refusing to speak to law enforcement. If there is one line you should always say, it’s “I’d like to speak with my lawyer.”
As you undergo the detainment process, remember that the police are currently investigating and attempting to obtain evidence pertaining to your case. In other words, they are trying to build a case against you. With that being said, it’s always smart to “kill them with kindness.” Fulfill your basic requirements like providing your personal information (name, address, social security number) to assist with the booking process. Be polite, but keep to yourself in the holding cell. During the process, observe and try to memorize every important detail related to your case. Remember names, what was said, and what time you were requested to do certain tasks. Any information pertaining to these things will only be beneficial to your attorney. Aside from your lawyer, it’s critical to not speak to anyone about the details of your arrest or your case. While you are detained, it’s important to be civil but to not compromise your civil liberties.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.