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Dealing with the Police

Every day, people who are arrested react in the wrong way and ruin their chances of avoiding jail. There are a few simple guidelines that anyone arrested for any charge, regardless of whether it is DUI/DWI or assault with a deadly weapon, should follow to help their cases.

It is always unwise to speak to the police without legal counsel present

This is the most important advice of all. You have a right to remain silent. That means you do not have to answer any questions at all. You may think you can talk your way out of trouble, but you may unintentionally reveal something the police can and will use as evidence against you. Often, attorneys see clients who have spoken to the police without representation who have significantly damaged their chances in court.

Most people do not know the ins and outs of the law and sometimes admit to activity they did not know was illegal. Police officers sometimes misinterpret things people say as confessions or incorrectly write down what a person said. This exacerbates the person’s situation because not only must he account for the conduct that first brought him to the police, but also why the officer's story is wrong.

Be polite and respectful

You can refuse to answer questions without being rude. Simply say, "I'm sorry, I prefer to consult a lawyer before answering that," or something to that effect.

Get a lawyer

As soon as you ask for a lawyer, the police are legally required to stop all questioning until your lawyer is present. This is true even if you cannot afford an attorney—they must provide one.

It will not always be easy to follow these guidelines. Anyone who has been arrested is bound to be upset and have trouble remaining respectful. It may be difficult to remain silent when an officer is threatening to put you in jail or turn your children over to protective services if you don't cooperate. In almost all situations, it is advisable to have an attorney present before answering questions. It may be uncomfortable, but if you accidentally land yourself in jail, you will be much more uncomfortable in the long run.

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