What Not to Do or Say if Approached or Detained by Police

A police stop can be a painful and humiliating experience, even when the police are doing their jobs by the book.  Whether a stop by police ends in an arrest or release, it is critical to retain your composure, think clearly, and do everything you can to protect your rights.  Keep in mind that, even after an initial release, you could still be arrested later.

Prior to an arrest

Most people understand the importance of Miranda rights.  But, in New Jersey, those rights do not technically go into effect until the person enters police custody and the police want to ask questions.  Additionally, courts may, in some cases, allow evidence from statements and actions before Miranda rights were read.  You need to be mindful of the following points:

• Do not be disrespectful of the officers.  Displaying a negative attitude can cause officers to work harder to build a case against you.
• Do not forget anything that happens from the time you are stopped through an arrest or release.  When you retain a criminal defense lawyer, he or she will need to know how the police treated you, what they said to you, what you told them, and every detail you can remember.  The first moment you have a chance, write down this important information.
• Do not say any more than is absolutely required to appear cooperative.  Your NJ criminal defense attorney has the best chance of getting good results for your case if you have not incriminated yourself, even before an official arrest.  You definitely want to think carefully before you respond to questions.

During and after an arrest

At the moment you enter custody, the police must, in most cases, read your Miranda rights to you before asking additional questions.  Once you hear your Miranda rights, you should avoid any of the following actions:

• Do not make any further statements until you retain a NJ criminal defense law firm. Your NJ criminal lawyer should be at your side during all questioning, even if you are innocent and feel the urge to explain.
• Do not attempt to handle your own defense.  Even innocent people can end up paying for crimes they did not commit.  Retaining a NJ criminal attorney ensures the best possible outcome for your case.

When you need a NJ criminal attorney

Look for experience in a wide variety of criminal cases.  Consider retaining a NJ criminal law attorney at the law firm of Benedict and Altman.  The firm handles all types of criminal proceedings in all levels of courts, from traffic violations in municipal court to felonies in New Jersey and federal courts. Our firm fights to protect our clients, from negotiated pleas to trials and appeals.

Call 732 745-9000 or contact us online for an NJ criminal defense attorney.