Getting arrested can be a distressing and frightening experience. You often do not know what to do and are often at the mercy of police officers who may or may not be as kind or patient as some other police officers would be. Knowing how to conduct yourself during an arrest can help you avoid making the situation worse and may even lead to lighter charges if not outright dismissal. Here are a few things you need to remember if you are facing arrest in North Carolina:
Stay calm and composed
Panicking and making a scene never helps anyone during an arrest. If you escalate the situation, you are more likely to earn additional charges instead of getting off lightly. Instead of arguing, ask what you are charged with and exercise your Miranda rights.
Do not consent to a search
Do not consent to any searches unless presented with a warrant. However, do not fight if the officer insists on searching you. Just repeatedly say you are not consenting to the search without a warrant and document the officer’s refusal to recognize your lack of consent. There are only limited exceptions to when police can search without a warrant. Familiarize yourself with them.
Request an attorney
Request a lawyer as soon as the officer informs you of your detention or “invitation for an interview.” An attorney’s presence protects your rights better. Requesting legal counsel does not mean you are admitting wrongdoing but recognizing that it does not take much for police to twist your words and use them against you.
Your right to an attorney and your right to remain silent are the two most fundamental rights you must remember when dealing with law enforcement. Waiving these rights may lead to a worse outcome for you.