If you are Accused of a Crime
If you are ACCUSED of a crime:
1. DO contact an attorney that handles only criminal matters.
2. DO NOT discuss your case with ANYONE (police, detectives, clergy, doctor, therapist, social workers, friends or family) until you speak with an attorney.
3. DO NOT answer any questions or write any statements for Police or Investigators (DO NOT sign Parenting Plans for DFCS) even if you are threatened to do so.
4. DO NOT agree to ANY searches of ANYTHING (unless shown a SEARCH WARRANT signed by a JUDGE, then call your attorney and DO NOT engage in ANY conversation with police.) VERY IMPORTANT: If at your home, don't invite them in and don't step outside. Even if police suspect you've committed a felony, they usually have to have a search warrant to go into your home and arrest you. If asked to come outside, just say, "Thanks, I'll stay right here. or "Please, let me see your warrant."
5. DO be COURTEOUS but QUIET!
6. DO make a list of potential witnesses and/or evidence (retain originals if possible) that could back up your defense (i.e. notes, audio, video, pictures, reports, tests, evaluations, prescriptions or prescription bottle, newspaper articles, any previous court filings, etc.)
7. DO write your lawyer a detailed chronology of events. Draw 3 columns. List each event down then in each column list: 1) date, 2) who, what, when, where, how, why; and 3) described document, photo, video, audio, or witness to back your story up. Include anything, big or small, relating to the case. Your attorney can scan to find elements that will save you and your family. If printed, mark it ATTORNEY-CLIENT PRIVILEGE to ensure confidentiality.
8. DO NOT talk to your accuser. If he/she calls, immediately hang up or walk away.
9. DO keep in contact with your attorney informed of new information, additional information that you remember, update contact phone numbers, addresses for you and your witnesses.
10. DO read all of the tips and other DO's and DO NOT's on this site.
If you are ARRESTED for a crime:
1. DO NOT run. Even if you have not done anything wrong, this may cause harm to you or others involved and/or additional charges.
2. DO NOT explain. It is very difficult to dig a client out of a hole they created when they had discussions with police even if they thought it was harmless (or was promised something in return). If you must say something, say, "I don't wish to say anything until I speak to my attorney."
3. DO NOT be overconfident. Even if you know the allegations are ludicrous, don't be sassy, brash or explain that you didn't do anything wrong. The police have a lot of input into what you are charged with. If you don't interfere with their job, they just might give you a break to include the lesser of charges and give them less to write about in their report. Just COOPERATE QUIETLY and allow your attorney to hassle them later in court.
4. DO NOT give permission to search. If officers are asking, it usually means they know they know they don't have a right and have to get your consent. It's only when they show a search warrant, when they don't have to ask. If an officer asks, reply politely and loudly, "You DO NOT have my permission to search." Witnesses nearby may hear or the officer's video in the car may record it. If officers find something you wished they hadn't, don't explain and don't get sassy. And for goodness sake don't answer if officers ask,"What is this:? or "Who does this belong to"?
5. DO NOT look or move around nervously. Everyone is nervous when approached by police, but don't direct them with your eyes that you are hiding something. Don't sigh or gasp just look at floor or ceiling.
6. DO NOT resist arrest. Don't push police or their hands away. Quietly comply with their instructions during arrest.
7. DO NOT believe what police (investigators or social workers) tell you when they are trying to get you to talk. The police are permitted to lie to you to get you to talk. They may even tell you that your buddy is telling on you. Don't believe them. Be quiet and wait for your attorney.
8. DO NOT agree to secure your car or go into your home to get some things or to tell someone something, because will follow you and then be able to begin a warrantless search. Just stay put and stay quite!
9. DO be courteous and quiet.
10. DO read all the tips and other DO's and DO NOT's on this site.
TIPS for DUI stops:
1. Stop immediately when signaled by marked police unit. Pull off to the side of the road in a safe area. (If unsure it's a marked vehicle, call 911 to verify that an officer is attempting to pull you over. Give them your location and tag number.
2. Do not answer any questions by an officer regarding where you've been or where you're going, how much you've had to drink, if you have been drinking, or anything of the alike. Remain silent.
3. Do not consent to any searches of your person, your purse, your vehicle or anything else you have.
4. Do not consent to take any breath test on the side of road or at the police station.
5. You may be arrested anyway, but you don't want to give them anything that will help them out with their case. The burden is on the State to prove that you were committing a crime. Your assistance may result in your conviction later!