The police have a chilling way of introducing a person into the criminal justice system: “You are under arrest!” Through the impact of these words, you realize that it is better to comply with their instructions or you may feel the sting of the taser, the bite of the police dog, or the wrath of the baton. Terror, anger and confusion fill the moment. You are on your way to jail, first appearance hearing, bondsman interview, attorney’s office, trial court proceedings, and jury trial. He is now within the criminal justice system until the entire process is concluded.

*What is a warrant or capital?

An arrest could be based on a court order. But these include only a small percentage of arrest situations. An order (or capias) is a document issued by the trial court. It is a demand that the police arrest him immediately wherever they find him. Since these previously issued court orders were based on circumstances that you knew were in process [like violations of probation, failure to show up for a court hearing, etc.]They shouldn’t come as a total surprise. You may run a stop sign and be pulled over. The police check your driver’s license and a capia appears on the screen. In a very short time you will be under arrest.

*Can I be arrested without a warrant?

Yes. The vast majority of arrests are made by police officers acting without a warrant. Suppose you are shopping. You walk to the door with packages in hand. As you exit the parking lot, you are stopped by a security officer. He searches through your bags and finds the clothes you just bought. He asks, “Where’s the sales receipt?” You can’t find it. “He goes back inside so we can fix this.” The clerk doesn’t remember you in her register. She calls the police. She is now under immediate arrest.

Imagine that you are driving your friends and you stop at a store. They go inside. You do not see what happens but they end. They jump up and shout: “Drive, drive! Don’t stop!” You follow their demands and walk away. A high-speed chase ends with a swarm of cops standing around your car; drawn pistols. They’re yelling, “Get out of the car and onto the ground.” Later you find out that one of your friends tried to rob the cash register. When he went wrong, he shot a man. You are being charged with felony manslaughter. You are in a panic and you are also under immediate arrest.

*What happens if I try to resist the police?

Let’s address what to do and what not to do when stopped. Never try to fight with the police. You will get extra charges. Don’t try to run away. You will get more charges and rough treatment. This is not a battle between you and the police. This is the police doing what the government has hired them to do. They are under a duty and will not back down.

Go in peace. This will help you now and may help your case later. As in all life, humility overcomes arrogance.

Don’t try to talk your way out of it. You should only tell the police your name, age, address, and other personal background information. If you do not provide them with this identifying information, you could receive an additional charge known as resisting an officer. But that’s where you should stop talking. DO NOT SAY MORE!

*How do I get them to stop asking all the questions?

Do not discuss the facts or circumstances of the case with anyone. Tell the detectives that you refuse to talk until you have a lawyer. That is a key phrase in the law. Under the 5th Amendment to the US Constitution, you have both the right to remain silent and the right to counsel. If you assert the right to remain silent by saying, “I don’t want to say anything,” the police may still try to get you to speak. If you start to talk about anything, the trial court can rule that you have waived your right to remain silent. Only you can waive your rights, so don’t talk.

If you say over and over, “I want to speak to a lawyer,” the law says that the police must immediately stop questioning you until your lawyer is present. When your lawyer arrives, you will tell the police that you will not give any statement.

*Will the circumstances of the arrest be part of the court case?

The police will definitely testify in court about the arrest. They will tell the jury what you said and what you did. Keep these things in mind:

• Police cars are equipped to record videos. Some can record audio conversations. There are also video cameras in police stations and jails. These can be presented as evidence at your court hearing or trial.
• WARNING: Prosecutors use audio and video recorded jail visit conversations at trial. There is no right to privacy during detention. Only discuss your case with your lawyer.
• The police could perform a “presentation identification”. This is where the victim is taken to the scene of the arrest to see if they can be identified. Be calm and collected. Do what the police tell you to do.
• If your friends are arrested with you, don’t tell them about the case either. Do not communicate with them at all. This could seriously affect your case.

The terrifying experience of being arrested will come to an end. From the initial police stop to the booking process, this could be the worst day of his life. The most important thing to keep in mind is that you do not talk to anyone except your lawyer about the facts of your case.