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What To Do If You're Arrested

You find yourself in handcuffs, being placed in the back of a police car and you are under arrest.  The most important legal advice you need to know is to be quiet.  Most Americans can cite the Miranda warnings from memory: “You have the right to remain silent.  If you give up the right to remain silent, any thing you say can and will be used against you in a court of law…”

The problem is that most Americans when faced with an encounter with law enforcement ignore this advice and try to explain or talk their way out of the situation. It is understandable, nobody want to go to jail. However, at the point handcuffs come out, it is too late. The trip down-town in inevitable and talking any more is not going to help you.

In this modern age, it is most likely that your entire encounter with law enforcement is being recorded from the time your were greeted by the officer until you are booked in at the jail.  Even the ride in the back of the patrol car is recorded, including while you were talking to yourself when the officer was out of the car and the chat you had with the office on the way to the jail. That means that the police will have the opportunity to go over everything you say and everything you do and take it all out of context to use it against you in court.  Its always best to just say nothing.  Remember, you also have the right to request a lawyer before you answer questions.


Author; Eric Ballinger

About the Author

Eric Ballinger

Eric Ballinger

Eric Ballinger is a highly experienced trial litigator of over 20 years.  He recieved his J.D. from John Marshall Law School, magna cum laude, and a Masters of Law in Litigation from Atlanta Law School. 

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