Finding yourself in trouble with the law can happen, even to those who haven’t done anything that they thought would result in finding themselves on the wrong side of the law. 

Those who have broken the law in some way may find that law enforcement ultimately catches up with them. 

Regardless whether you ever come into contact with the police, here is some advice from Charles Lampin, a lawyer in St. Charles, MO and principal at the Lampin Law Firm.

1. Do Not Resist Arrest Even if You Do Not Feel Like You Did Anything Wrong

I’ve handled a number of criminal defense cases, and some of the most important advice I can give is that you must never resist arrest. Resisting arrest only escalates the problem, even if the arrest itself is based on false information or a misunderstanding. 

Depending on the level of resistance and the specific facts which led to the arrest or detainment, police are oftentimes afforded a heightened level of discretion in what they may deem as a serious threat to their personal safety.  

Based on the circumstances, they may even involve their firearms. Any gesture that you make during resistance can be interpreted as a threat to a police officer or law enforcement official which can in turn result in the use of force. 

For example, imagine a situation where you have been pulled over in your car by a police officer. 

You roll down your window to speak to the police officer, but your hands are in your lap as opposed to the steering wheel. 

If you make a sudden movement (or the officer interprets your movement as being sudden) such as reaching for your wallet or the glove compartment, an officer may interpret this as you reaching for a weapon and may feel that he is justified in protecting himself from a potentially deadly situation. 

To avoid such a scenario, many lawyers advise their clients to be as cooperative as possible and to never resist arrest. You can also Click here to learn how a criminal lawyer will protect you in such a situation.

When coming into contact with law enforcement it is always a good idea to comply with the lawful requests made by the police. This is not to say that you have to incriminate yourself, so it is a good idea to attempt to make contact with an experienced criminal defense attorney as soon as is practicable.  

2. Avoid Trying To Explain Your Way Out of the Situation 

People respond to stressful situations differently. Some people go into freeze mode while others may find themselves excessively talking or rambling. 

If you talk excessively when in stressful situations (and coming into contact with the police is often stressful), you should try to remember that you must not try to overly explain yourself to the police, especially if doing so is only going to make the situation worse. 

Remember, you have the right to not incriminate yourself. Instead, you should request to speak with an attorney as soon as is practical. A good criminal lawyer can do the talking for you.  

For example, suppose that you have been arrested for running a red light and striking a pedestrian. 

You may begin by saying you were certain that the light was green. As you continue to explain yourself, a statement such as ‘I haven’t had enough sleep or you were rushing to attend to a family emergency’ may very well provide the prosecuting attorney with sufficient information to charge you with a crime. 

Whether you’re guilty or innocent, you should refrain from explaining yourself when you are facing arrest. 

Most seasoned attorneys advise to let your lawyer do most of the talking since they know the law. Requesting to speak with an attorney cannot be used against you when the State has to prove their case against you.  

3. Avoid Aggression 

It is widely understood that you should never resist arrest. However, you should also avoid being overly aggressive throughout the investigation and arrest. 

Doing things such as berating the police officer or being overly aggressive to the police may hurt your case later. 

A bad disposition towards the police can lead them to consider you as difficult and in turn lead the prosecutor to believe that you deserve to be punished more harshly than others in a similar situation.  

This isn’t to say that you should invite the police to your house for a cup of coffee as a polite gesture. Simply control any urges to lash out to the police and control your temper. Never curse at the police or call them names. It will just make it worse for you later. 

4. Ask For a Warrant

If police officers arrive at your home and want to enter but they do not present a search warrant, you have the right to ask for one. Absent of exigent circumstances, the police are generally not entitled to enter your home without your consent.

If the police have the warrant to search your home or property they will generally inform you of the existence of the search warrant and present it to you. 

While there are always exceptions, typically only then are you obligated by law to open the door for them and allow them to conduct such a search. 

As the police conduct their search, you are typically not obligated to interact with them. In fact, you probably should not do so. 

You may be asked questions about your items such as where you got it or if it belongs to you, but take note that the more you try to explain yourself, the more you implicate yourself. 

As the police search your space, avoid walking around in the same space and looking at certain spots that you wish they wouldn’t. 

This may be your initial reaction, but you need to be aware of the way you’re reacting to the space that’s being searched. 

When conducting such a search, the police will be observing your behavior and mannerisms. By hovering in the space that you do not want them to search, you may be unwittingly alerting the police and giving them hints and pointers to help their search.

5. Be Mindful Of Your Body Language

Police are trained to analyze your body language to determine the situation and your involvement. Whether you’re on the wrong side of the law or not, the stressful situation can be interpreted through your body language. 

Certain gestures may be interpreted by the police as indicia of guilt, such as constant fidgeting, playing with your hair, looking down at your toes, and playing with your hands. 

If you can, try to maintain a neutral body posture. Take in deep breaths, place your hands by your side, and avoid crossing them across your chest. Also, stand upright and rest your face. This neutral body language may make it difficult to read you, which is important so you won’t be further implicated. 

6. Know When to Hire a Lawyer

Depending on the processes of the legal system of your area, you’ll have to determine the time when you can call in and hire a lawyer. 

Lawyers have the expertise to guide you to the best possible outcome. Left to your discretion after an arrest, you may only further hurt your case whether you’re on the right side of the law or not. 

Conclusion 

When you get into trouble with the law, you need to be aware and try as much as you can not to panic. Panicking only encourages behavior that may work against you. You shouldn’t resist arrest as this could quickly escalate the situation and make things even worse. 

You should also avoid explaining yourself as anything you say can be used against you, regardless of your guilt or innocence. 

Remember, a skilled attorney can do the explaining for you. 

Avoid being aggressive to the police as this will only land you in their bad books. If the police come to your home, they should show you the search warrant. If they don’t produce a warrant, it’s generally your right to ask for it and not let them in without one. 

Also, always be mindful of your body language as this can be interpreted in ways that may not help your case. 

Make sure to contact a lawyer when you get into trouble with the law. Lawyers hold the expertise to get you the best-case scenario regarding your unique legal situation.