Dealing with the Police

Santa Cruz Criminal Defense Law Firm

Every day, people who are arrested react in the wrong way and doom their chances of avoiding jail. There are a few simple guidelines that everyone arrested for any charge, from DUI / DWI to assault with a deadly weapon, should follow to help their cases:

It is usually unwise to speak to the police without legal counsel present. This is the most important guideline of all. You have a right to remain silent, and that means you do not have to answer any questions at all. You may think that you can talk your way out of trouble, but you may accidentally reveal something that the police will use as evidence against you. The situation is more common than one might imagine. Often, attorneys see clients who have spoken to the police without representation who have significantly damaged their chances in court.

Unless you are experienced with our criminal justice system, you probably do not know the ins and outs of the law, and might admit to something that is illegal - even though you don’t realize it. You could say something that the police officer will misinterpret as a confession. The officer could write down what you said incorrectly. Now you are faced with not only the situation that brought you to the police in the first place, but you have to explain how the officer’s version is wrong. In other words, you just made it harder on yourself.

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. If you do not have a lawyer prior to their interrogation, the police must provide you with one if you ask them. As soon as you ask for a lawyer, they 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. And 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.

The Santa Cruz criminal defense law firm of John W. Thornton helps people with accused of crimes in Santa Cruz County, including Santa Cruz, Aptos, Ben Lomond, Big Basin, Boulder Creek, Brookdale, Capitola, Corralitos, Davenport, Felton, Freedom, La Selva Beach, Las Lomas, Lompico, Los Gatos, Mount Hermon, Pajaro, Paradise Park, Rio del Mar, Royal Oaks, Scotts Valley, Seacliff, Seascape, Soquel and Watsonville.