One of the worst things that can happen in anyone’s life is to be arrested. It is terrifying. One moment you are free to do what you want. The next moment, you are in the custody of the police with minimal understanding of what is going on.
The criminal justice system is very hard to understand for anyone who isn’t a lawyer or police officer. It is easy to make mistakes when you are arrested. And many mistakes could cost your freedom. If you have been arrested in North Dakota, take the following five steps.
1. Contact a Criminal Defense Lawyer Immediately
According to the Sixth Amendment to the U.S. Constitution, you have the right to be represented by an attorney any time your liberty is at stake. This means the first words you should say to an arresting officer is some variation of “I want a lawyer.”
As soon as you request a lawyer, the police can no longer question you or even speak to you until your lawyer is present.
2. Say Nothing to the Police
While the police may not be able to speak to you without your lawyer being present, the reverse is not true. The Constitution does not protect you if you spontaneously start talking to the police.
Every word you say will be recorded and could potentially be used against you in court. Therefore, the safest course is to say nothing and wait for your lawyer to arrive.
3. Understand the Charges Against You
When your criminal defense lawyer arrives, one of the first things they will do is ask the police what you were charged with. Your attorney will then explain the charges to you. You should ask as many questions as needed to understand what you are being charged with. This will make it easier for you to assist your lawyer in your defense.
4. Avoid Discussing Your Case Publicly
This step and the next few steps will take place after you have been arraigned and most likely released from police custody. Do not publicly speak to anyone about your case. You shouldn’t talk to family or friends about it, and you definitely shouldn’t post anything about it on social media.
Everything you say in public or private can potentially be used against you in court. The only people you can safely talk to about your case are your legal spouse, your lawyer, your psychiatrist, and possibly your clergy. Most importantly, it is illegal for you to discuss your case with a juror or with some witnesses.
5. Attend All Hearings on Time
You will probably be released from jail between your arrest and your trial. However, this freedom comes with some responsibilities.
You must attend every hearing and show up on time. A judge will probably give you a little leeway if you hit traffic and are a few minutes late. But if you abuse that leeway or skip a hearing entirely, the judge will likely order a warrant for your arrest.
The best approach to this is to make sure you discuss the schedule with your lawyer and maintain a calendar, preferably on a mobile device, that will warn you when hearings are coming up.
You should plan to show up to any hearing at least half an hour early. Worst-case scenario, you will waste some time waiting for the hearing to begin but that is better than being late. If an emergency arises and you need to be late or skip a hearing, inform your lawyer right away.
Typically, the court isn’t unsympathetic. Most judges will understand if, for example, you get into a car accident on the way to the courthouse or your child broke their arm and you need to take them to the emergency room. But it is much better to tell the court immediately when an emergency arises than to beg forgiveness after the fact.
Contact Heartland Law Office After Being Arrested in North Dakota
Getting arrested doesn’t mean you will be convicted. The difference between a conviction and an acquittal can be significant, potentially involving years in prison. To give yourself the best chance to avoid serious penalties, request a case evaluation from the Heartland Law Office immediately after an arrest and follow the steps above.
Don’t take chances with your future. Contact us immediately to consult with an attorney who will fight to protect your rights at every step of the criminal justice process.