In this post we'll talk about some basics of what happens when you get arrested. Here are some simple things you need to know that can help protect you. Maybe you had something you shouldn't have had in that car? Maybe your buddy did and wouldn't admit to it being his so they arrested you both? Whatever the case, these are the basic rules that apply to the situation in which you are being arrested.
What if the officer arrests me?
First, hopefully that doesn’t happen. But we all make mistakes. Sometimes you made one. Sometimes the police did. Police are human too. So, if you find yourself in the situation of being told to step out of the vehicle and turn around, do as you are instructed. Do not make any statements. Do not answer any questions. Do not run away. Do not fight the officers. Just do as you are instructed while remaining calm. Call an attorney as soon as you are given the opportunity. And don’t forget those magic words, “I do not wish to answer questions or make statements without speaking to my lawyer.”
Can an officer tell me to step out of the car for no reason?
Yes. This is a common question and most think that they need a reason to make you get out of the car. However, the Supreme Court has said otherwise. An officer does not need a reason to tell you to step out. In North Carolina though, they do need a reason to prolong the stop beyond the original purpose. Meaning they can't hold you there for 30 minutes for a drug dog to come when they only stopped you for speeding, and have no reason to believe you have drugs.
Does an officer have to read me my rights because they handcuff me?
Not always. To put it simply, an officer is required to read you your rights under Miranda v Arizona, commonly known as Miranda Rights, whenever you are both in their custody and they are going to interrogate you. So, what does that mean in layman terms? If you are in cuffs and the officer does not intend to ask you anything, they don’t need to read you your rights. However, if they want to ask you anything involving their investigation beyond things like your name, date of birth or address, AND you are not free to leave, they must first read you those rights. If you find yourself in the position of being read Miranda rights, the only answer you should give is that you want to speak to an attorney. But the important thing is to be very clear. It cannot be “I think I want to speak to an attorney.” Or “it might be a good idea to talk to an attorney.” You should use clear and specific words such as “I do not want to speak to you without my attorney.” Once that happens, all questioning must stop and cannot resume unless you specifically ask for it to or it is about another unrelated investigation. Your next step after asserting your rights should be to contact an experienced criminal attorney. Once you have an attorney, they cannot talk to you without your attorney present unless YOU initiate it. Never do that. Always speak to your attorney and let them talk to the police for you.
If an officer puts cuffs on me, doesn't that mean they arrested me?
Not always. An officer is allowed to temporarily detain someone if they have reason to believe they are involved in criminal activity. How long you can stay in cuffs depends a lot on the situation. But this detention is not always an arrest. They can still take the cuffs off and let you go later if they determine you didn't do anything. But, so long as you are not free to leave and they are asking you questions about the suspected criminal activity, they should be reading you your Miranda rights. You have the right to remain silent. You have the right to have an attorney present prior to any questioning, ect. But even if they don't read you those rights, the best rule is to say "I will not answer any questions or make any statements without my attorney."
The officer told me I need to answer questions because they wanted my side of the story.
Police officers know that you get more bees with honey than you do with vinegar. They will be nice to you. They will try to make it seem like they are your friends. They may even lie to you. This is all allowed. But they are not there to be on your side. They are there to build a case against you. Any way they can do that they will. So no matter what they tell you, you do not have to answer any questions beyond identifying yourself. Provide your ID or your name and date of birth and you have satisfied that requirement. Otherwise, don't talk to them.
Most cases are made against people based on their statements.
During my time as a prosecutor, I can't tell you how many cases were made because the suspect opened their mouth. They either admitted to doing something that was a crime or they lied. Either way, it allowed me to build a successful case when I usually wouldn't have been able to. So by not talking, you are upping your odds that they will not be successful. Ask for an attorney and then be quiet.
Need a criminal defense attorney in Central or Eastern NC? Call Lengyel and Nappi Attorneys at Law at 919-655-3984.
About the author:
Ed Nappi is a licensed attorney and former prosecutor in North Carolina. Ed is also a former Master-At-Arms with the U.S. Navy and has been through various types of law enforcement training. Ed is a gun owner and second amendment advocate. He practices in the areas of criminal law, traffic law, contract law, employment law, and dispute resolution.
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