What should I do if I am arrested?
The moment you are placed under arrest, constitutional rights protect you. The only thing you have to say is, “I want to speak with an attorney” or “I have nothing to say now.”
When you are in police custody, under the Miranda Rule, you must be informed of specific constitutional rights before you are interrogated. Your rights are:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
Why It Is Important To Remain Silent Until You Retain An Attorney
Police do not have to read your Miranda rights, until they arrest you, and can question you before taking you into custody. Anything you say before an arrest can be used against you later in court and anything you say after arrest may be used against you if a court determines that it is not the product of police questioning.
Additionally, many police vehicles and interrogation rooms have recording devices. Even if you believe you are alone or think the only other person there is someone with whom you were arrested, you need to understand that you may still be recorded and those statements could be used against you. Your decision to tell the police that you do not want to answer any questions or speak to them cannot be used against you in trial.
Posted in: Criminal Defense
Frequently Asked QuestionsWhat is a status offense?
Status offenses are applicable only to children who are subject to juvenile court jurisdiction for non-criminal behavior; and are offenses that would not be illegal if the person wasn’t a juvenile. Characteristically, status offenses include running away from home, curfew violation, truancy, unruly behavior, habitually disobedient of the child’s parent, guardian, or other custodian’s reasonable and lawful commands and is ungovernable.
How we help You
We help to minimize the impact that the accusations against you have on your life by creating a customized plan that best serves you.
We do not offer one size fits criminal defense.
We help protect the futures of Georgia teens and young adults accused of crimes.