5 Mistakes To Avoid After Getting Arrested in New York
Getting arrested is a stressful event. Only a handful of things are scarier than being arrested. After an arrest, you may fear that you will face severe consequences such as jail time and huge fines. There is also the fear that you will have a criminal record, which can impact your life in several ways. For instance, a criminal record can lead to the loss of employment or difficulty finding future employment. However, it is crucial that you remain calm after getting arrested. You need to remember that what you do after an arrest can significantly impact the outcome of your case. For example, a single mistake could cost you your freedom. Below, we share five mistakes to avoid after getting arrested in New York.
Mistake #1: Resisting Arrest
One of the biggest mistakes to avoid after getting arrested in New York is resisting arrest. In New York, it is illegal for a person to resist arrest. According to New York Penal Law Section 205.30, you are guilty of resisting arrest if you intentionally prevent or try to prevent an officer from effecting an authorized arrest. Some actions that may qualify as resisting arrest include pulling away, stiffening one’s body, running away, using threatening language or gestures toward the arresting officer, and physically attacking the arresting officer. Resisting arrest could put you in danger. It could also result in you being convicted of the offense of resisting arrest even if you are found innocent of the original offense that led to your arrest. If an officer is going to arrest you, cooperate even if you believe the arrest is unjust.
Mistake #2: Talking to the Police Without an Attorney
After getting arrested, you should not talk to the police without legal representation. Speaking to the police without an attorney can result in you making statements that could be used against you. After getting arrested, politely but clearly assert your right to remain silent and request to speak to a criminal defense attorney. An attorney can guide you on what you can and cannot say to the police. They can talk to law enforcement on your behalf.
Mistake #3: Lying to the Police
If you decide to speak to the police without an attorney, you should be truthful and only provide the necessary information. Lying to the police can complicate your case. It may undermine your credibility and compromise your defense. Lying to the police may also lead to additional charges.
Mistake #4: Signing Documents
The police might ask you to sign documents claiming that doing so is in your best interest. You should avoid signing any document the police put in front of you. If the police ask you to sign a document, simply say that you are not willing to sign anything until your attorney has had an opportunity to review the documentation.
Mistake #5: Lying to Your Attorney
Your criminal defense lawyer needs complete and accurate information to provide you with the best possible legal representation. Lying to your attorney can lead to a flawed legal strategy. If you are concerned that your attorney will share what you tell them with others, you should know that communication between you and your attorney is protected by the attorney-client privilege.
Contact Our NYC Criminal Defense Attorney
If you’ve been arrested in New York and need a criminal defense attorney, contact our NYC criminal attorney at Mark I. Cohen, Esq.
Source:
nycourts.gov/judges/cji/2-PenalLaw/205/205-30.pdf
