What You Need to Know After Your Arrest

If you have been arrested for the first time, you should know some important things to legally protect yourself. Every action you take going forward can have an impact on how your case turns out. You need to fully understand how you should act, what you should and should not say, and what you are entitled to by law.

The following are some important things you need to be aware of after you are arrested.

Stay Quiet Without an Attorney Present

Upon your arrest, you should receive a Miranda warning. This law allows you to remain silent for as long as you wish. You should not provide any information to law enforcement voluntarily unless your attorney tells you to do so. Even the smallest detail can have a major impact on your freedom. Make sure you call your attorney immediately after your arrest.

Be Aware of Search and Seizure Laws

Contrary to popular belief, some instances exist in which you or your property can be searched without a warrant. Law enforcement may also be able to seize evidence in some cases. However, a warrant is required at other times. If you and your property were searched without a warrant, you need to know why.

If anything was seized or if you or your property was seized without a warrant, you need to find out if it was done according to the law. If the search and seizure required a warrant, any evidence the police collect is often considered inadmissible.

Consider Your Defense

Each case will vary as to which defense is appropriate. You should begin thinking about your defense as soon as you are arrested. You and your attorney will work together to make a defense that will give you the best chance of beating a conviction.

For example, were you questioned under duress? Did the prosecutor meet the burden of proof? If any instances exist where you can argue you did not receive your constitutional protections or can otherwise prove you are innocent, you need to start thinking about this right away.

Decrease Your Sentence

If you are in fact guilty of your charge, you and your attorney can possibly decrease your sentence. You may even be able to escape time in jail in some circumstances. If you are sentenced to a jail sentence, your attorney may be able to lessen the amount of time you must remain behind bars.

Your attorney can argue for probation and fines in lieu of jail time, especially if this is your first offense and was not an egregious crime. You may or may not receive a lighter sentence, but your attorney should still make an attempt.

Keeping Your Record Clean

One major disadvantage of a criminal conviction is the damage it does to your record. A criminal record can impact your employment, your ability to get a new job, or even obtain a lease for an apartment.

For your first offense, your attorney may be able to keep your record clean if you are eligible for a diversion program. If you can successfully complete a diversion program, the judge can dismiss your charges and your record will remain clean.

Criminal convictions come with some harsh penalties. To best protect yourself, you need a great criminal law attorney on your side. When you consider your attorney, be sure to choose one who you think can help you avoid a sentence that can change your life forever.

If you do not have an attorney to help you through this difficult time, be sure to contact The Law Office of Ralph Torres. We are here to help you with your arrest and criminal conviction.