Arrest Advice from Attorney Jeromy Stafford, Stafford Law Office
Advice If you are arrested, or if you are approached / questioned by police, detectives, prosecuting attorney:
- Don’t Talk – Make no statements regarding the crime being investigated. Even if you feel intimidated by the police, remember, you have an absolute RIGHT TO REMAIN SILENT! You are only required to give the police your name, address, i.e. identifying information. Don’t say anything to the police outside of this. Statements you make to police might seem harmless at the time, but can be very damaging later if they conflict with other evidence. Every Attorney can name countless cases where their client would have never been charged if they had just kept quiet.
- Remember that police can lie to you and give you bad advice. Police Officers may tell you that they “already know that you did it”, or that your friend “already admitted that you both committed the crime”. Don’t be fooled, remain silent then hire an attorney.
Remember that a detective, even a police captain, has no legal power to make you a promise regarding your prosecution, or a “good deal if you cooperate”. Only a Prosecuting Attorney has that power.
- If you are jailed, do not discuss anything over the telephone as it may be recorded by the police. Further do not discuss the case or any information with other inmates. Prisoners often inform on each other in exchange for a deal from the police / prosecuting attorney.
- Remember that police cannot search your home or apartment unless you give them CONSENT (or they have a search warrant in which case you have no choice). You do not have to give police consent. Police will try to intimidate you to trick you into giving consent.
- Don’t fall for an attempt to get you to divulge information over the phone. For example, the alleged victim in your case may call, saying, “Why did you do that (crime)?” Don’t talk, just hang up. Watch out for the same thing from co-defendants (others charged also), as they may have “flipped”, now working in concert with the police / prosecuting attorney.
- Retain an attorney who specializes in Criminal Defense as soon as possible. Most Attorney’s will give you free legal advice in an intial phone consultation.
- Remember Police Officers and Prosecuting Attorney’s are not your friends, they are trained to trick you into thinking this!
Remember this advice; the fish who keeps his mouth shut doesn’t get caught.