4 Mistakes to Avoid When You Get Arrested in Brooklyn
Most people don’t have a lot of experience with getting arrested. They freeze up, panic, or start running their mouths.
Any mistake can eventually cost you your freedom, so if at all possible you want to avoid these four actions.
#1) Resisting Arrest
Resisting arrest is covered under NY Penal Law Section 205.30. You are guilty of resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from conducting the authorized arrest of either yourself or another person. It is a Class A misdemeanor.
You can be convicted of resisting arrest even if you are found innocent of the original offense that resulted in the arrest in the first place. It is harder to defend than other charges.
If the cops are going to arrest you, let it happen. Just follow their instructions and work through the process. It’s not pleasant, but you don’t want to make it worse.
Don’t insult the cops, or swear, or scream. Their body cam footage is rolling and that footage can be used against you later. In addition, making the cops angry can inspire them to find perfectly legal ways to make your life worse, from delaying your ability to call a lawyer to delaying meals for hours longer than is comfortable.
Even polite protests that your innocent can make trouble for you later. When you start talking, you run the risk of providing the cops with evidence they can use against you. You don’t know what the prosecution’s story of the crime is going to be, so you don’t want to give them anything at all.
Say: “I invoke my right to remain silent and I request a lawyer.” That’s it. Nothing else. Don’t respond to questions, threats, cajoling, promises, or anything else the police might try. They are lying to you, they are not your friend, and they are working hard to make sure you stay behind bars.
#3) Signing Anything
You are not required by law to sign anything the police put in front of you, and you don’t want to.
Any given document could be a:
- Waiver of rights
- A confession someone has written out for you
- An opportunity for police to obtain a handwriting sample to use against you in court
Just say: “I will not sign anything until my attorney has had a chance to review any and all documentation.”
#4) Failing to Call a Private Lawyer
Brooklyn public defenders are overwhelmed and facing a funding crisis. If you call one, the best they can usually do for you is to work out a plea bargain.
A plea bargain might be right for your case, but it might not be. You owe it to yourself to look at all your options, and that means working with a private criminal lawyer who will investigate every angle of your case.
If you’re convicted of the crime you’ve been arrested for, your entire life will change for the worse. Do everything you can to secure representation.
Need help? Call our office right now to get help fast.