The 5 Worst Mistakes People Make When Being Arrested

Being arrested can be a terrifying and disorienting experience. In the heat of the moment, it's easy to make critical mistakes that can significantly harm your case down the line. At Dorsk Law Office, we've seen it all, and we want to help you avoid common pitfalls. Here are the five worst mistakes people make when being arrested:

1. Forgetting the Golden Rule: DO NOT MAKE A STATEMENT!

This cannot be stressed enough. You have an absolute and Constitutional Right to remain silent, and it is your most powerful tool. Anything you say can and will be used against you. People often believe they can explain their way out of the situation or that cooperating will make things easier. This is rarely true. Silence is power. Exercise it.

2. Failing to Clearly Ask for a Lawyer

It's not enough to just think you want a lawyer. You must make it explicitly clear to the arresting officers that you wish to speak with legal counsel. Repeat this phrase as often as necessary: "I do not want to make a statement, and I want to speak to a lawyer." Don't be subtle; be direct and unwavering.

3. Trying to Talk Your Way Out of an Arrest

This is a natural human instinct – we all want to avoid trouble. However, once you are being arrested, there is quite literally nothing you can say that will benefit you. Any attempt to explain, justify, or even apologize can be twisted and used against you. Resist the urge to talk and revert to Rule #1: DO NOT MAKE A STATEMENT.

4. Physically Resisting or Fighting with Police

This is an incredibly dangerous and ill-advised mistake. In the worst-case scenario, you or an officer could sustain serious injuries. In the best case, you will almost certainly face additional criminal charges, making your legal situation far more complicated. If you are being arrested, your fight should be in the courtroom, addressing the legal and factual issues with the help of your attorney. There is absolutely no need to engage in a physical confrontation.

5. Neglecting to Call Your Lawyer Immediately

One of your very first phone calls after an arrest should be to your lawyer. Many people either forget or are hesitant to make this call, but it's crucial. Your lawyer can immediately begin working on your behalf, advising you on your rights, communicating with authorities, and building your defense. They can't help you if they don't know you've been arrested. If necessary, commit your lawyer's phone number to memory and call them right away.

Being arrested is a serious matter, and the choices you make in those initial moments can have a profound impact on your future. Remember these crucial points, and if you ever find yourself in this situation, don't hesitate to reach out for legal guidance.

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