George C. Luther Criminal Law Blog on Lawyers.com

Knowing what to do before, during, and after an arrest can make all the difference in the outcome of your case.

I have been a criminal defense attorney for over 35 years. I love what I do. Some people don’t have a very good opinion of criminal defense attorneys. Those are the individuals who don’t consider that defense attorneys stand at the front to protect people's rights from police and government overreaching into our rights. Defense attorneys make sure that an accused person’s Constitutional rights are  fully respected and that they are treated fairly throughout the entire proceeding.

The criminal justice system is complicated and intimidating. Many believe that if they have been arrested that they will be convicted and sentenced.  This is not necessarily true.  It is important to fully understand the process police follow when making arrests and your legal rights before, during, and after an arrest. Knowing your rights and insisting law enforcement officials respect them can make a big difference in your case’s outcome and may even allow you to avoid being charged in the first place.

It is always best to contact an experienced criminal defense attorney as soon as you find out you are being investigated or immediately after you have been charged.  If charges have not been filed, a defense attorney may be able to resolve the matter before any charges are filed.  Once charges are filed, an experienced criminal defense attorney not only knows the law but also knows the prosecutors, judges, and best procedure for getting your case resolved in the court system most favorably to you. 

Before you get arrested

It is extremely important to know what your rights are so that you don’t get intimidated and give up some of those rights when you don’t need to.  Police often try to convince suspects to make statements by misrepresenting matters to the suspect.  Police will often exaggerate the strength of the evidence they have against the suspect, tell the suspect that someone else has implicated them in the crime, or try to convince the suspect that they will be treated easier if they make a confession or consent to a search of their car or house.

The courts have held that these deceptive interrogation tactics used by the police are acceptable in the criminal justice system.  However, you do not have to provide the police with any information except your identification showing your name.  There is no requirement that you subject yourself to questioning by law enforcement at any time. For example, if a police officer approaches you on the street and asks you about what you were doing five minutes ago, you do not have to answer the question.

If they have a reasonable suspicion someone may be involved in a crime, police officers might say they want to take you down to the police station. At this point, you should ask if you are under arrest, because you do not have to go with the officer unless the officer says you are under arrest. Unless you are under arrest, police have no right to restrain your liberty for an unreasonable length of time.

It is important not to resist arrest or to disobey the lawful order of a police officer.  This does not mean you have to make a statement to an officer that might be used against you in court at a later time.

George C. Luther, Attorney at Law, 536 South High Street, Columbus, OH 43215