What To Do When You Are Arrested

By Premji M Nair

Getting arrested is no one's cup of tea. No one wants to get arrested and land in the record books of the police. But, if you do, you have to know how to deal with it. If you make any wrong moves, the police and the prosecution team can hold it against you. Things can only get worse. There are certain things that you should do, and certain things that you should not. Get to know more here. The first thing you should do is to not resist the arrest. Do not run away or hide yourself, trying to buy yourself time. You are allowed to have a defense counsel. You have a right to call a lawyer, and no police can impinge on that right. So you can scramble for an attorney after you get arrested. Cooperate with the police during your arrest. Trying to avoid the arrest will only implicate you further in the legal battle that may ensue. There is no point in buying more time if that will make it worse for you in front of the law.

If you have seen in movies often that the lawyer always asks the defendant to not utter a word in front of the police until he or she gets there, then you should apply it to the real situation as well. You are not bound to say anything at all. All you need to do is reveal your name. Before you say anything about your situation, you can get a lawyer. All this can happen when you are in custody. It will be best if you do not talk to the police at all before your lawyer arrives. Only after getting legal advice should you speak to the police. Apart from this, whatever harmless information you can give to the police, supply that information honestly. Lying to the police amounts to a crime, and it will only make it worse for you. So, be honest. Also, if you have any requirements, health- related, or have language barriers and need an interpreter, tell it to the police right away. They will cooperate if you cooperate.

The police can arrest you with a warrant and without one too. The latter happens to stop you from committing a crime, to stop you from destroying evidence and to make sure that you go to court. They can keep you in custody. To be released from the custody, i.e. to get a bail, you will need to submit an undertaking or a promise that you will appear in court for your trial. Such undertakings are called bail bonds. Bail bonds are procured against the payment of a fee. The bail money will be refunded to you, after the deductions for legal services, once the trial ends. The bail bond comes with a set of conditions which must be adhered to, one of them is the promise to appear in court. If you fail to adhere to them, your bail money will be forfeited. Also, if you fail to appear, not only is the money forfeited, but the charge of 'failing to appear' will be added and you will be kept in jail during the whole trial. It is in your best interest to cooperate with the law and order institutions, even after you have run against the. Remember, you are always considered innocent until proved.

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