Three Things You Should Know If You're Arrested And Know You're Innocent
You wouldn't think that a person who has done nothing wrong has anything to fear from our judicial system, but nothing could be further from the truth. Innocent people are arrested all of the time in this country, and some of them end up with a jail sentence. Others may end up on probation for a lesser offense, but the result is a criminal record. Here are some things you should know if you are arrested and have committed no crime.
Once you are arrested, you need to shut up
Naturally, since you are innocent, you will be speaking to a police officer and answering his or her questions. But once you are arrested, you need to remain silent. At this point, there is no way the handcuffs are coming off. You know you are innocent, but for whatever reason, the officer does not believe you. You will not be able to convince the police officer otherwise, and you are only hurting yourself by speaking because you are likely to say something that will hurt an attorney's chance of helping you. After your arrest, all you need to do is politely inform the officer that you wish to remain silent and speak to an attorney.
An attorney can have you released without charges
Just because you have been arrested doesn't mean that you will be charged with a crime. Sometimes a police officer can be premature with an arrest. After looking over the evidence, the district attorney may conclude that the case is simply too weak to take to court. If you have an attorney, they will be able to press the issue with the DA, and there is may be a chance that no charges will be filed. In addition, once you are arrested, the clock is running on filing charges. The government cannot keep you indefinitely. If the DA has not filed charges within a specific amount of time, your attorney can file a motion of habeas corpus, and you will be released.
A criminal attorney can help with bail
If the DA decides to file charges, your attorney can help to secure bail. Under certain circumstances, a judge can deny bail. An attorney can fight to have bail granted. More likely is that the bail may be set too high, but your attorney can argue for a lower amount of bail. And depending upon the circumstances, an attorney can argue against any bail at all and have you released on your own recognizance.
Of course, everybody is innocent until proven guilty, but if you are arrested and you know you are innocent that doesn't mean that the DA's office can't construct a case that will convict you. It is important that you remain silent after your arrest, and have the benefit of a criminal attorney, such as from Hutcoe Law, every step of the way.