Dimitry Tsimberg, Esq.

What to do when you are being arrested?

If you are being arrested, the first thing any criminal defense attorney will tell you to do is SHUT UP! Do not say anything to the police other than "I don't know," "I have no idea," "I have no clue" or any other phrase like this. Why? The police are arresting you because they believe that you have violated the law in some way. So, the more you say, the better case you are building against yourself. It is better to appear stupid than forthright (in this situation).

Just to give an example of one former client who was arrested for possession of a dangerous weapon (a pipe) found in his car. The officer asked him "what is this was for?" Rather than keeping quiet, saying "I don't know," or simply saying "Nothing - it's a pipe," this young man told the officer that it was for "self defense" (thinking that this was somehow a legal excuse). So, a normal pipe (which is completely legal to carry) turned into a "billy club" on the cop's report (which is illegal to possess in CA).

Second, since the police are no longer "really" Constitutionally required to read you Miranda warnings (well, sort of, but that's another topic), and can lie and cheat you to admit negative things, you better ask for a lawyer. Just say "I want a lawyer" and all questions must stop. The cops may try to threaten or intimidate you, but you have to stick to your guns (so to say). If you have a private lawyer, you are allowed to make a telephone call to contact him/her. If you don't, a public defender will be assigned to you at the time of Arraignment, and you can talk to him/her then. Thinking the situation over and then talking to a lawyer will greatly help you figure out an "exit" strategy. Thinking that you can convince the police to let you out if you "cooperate" does not usually work.

Third, don't resist (for God's sake)...they will shoot you, don't you know? Even if they don't, "resisting an officer" charge is likely to add to the list of criminal violations you will face (or be the only charge if they find nothing else to arrest you on).

Last, try to arrange for Bail as soon as possible (I will post another message on that topic later), so that you can return home, gather your wits, and try to make some sense out of the arrest. This includes securing all evidence that could either be helpful or harmful to your case, and (if you have not done so already) speaking to a lawyer.

For more information, read this article from the CA State Bar.

This post is for educational and information purposes only. It is not legal advice on any particular case, and merely a general opinion of one California lawyer. You should not rely on it without consulting a competent attorney in your area about your specific case and facts. It is not intended to, and shall not, create an attorney-client relationship. So, be happy you got some free info and use your grey matter!

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