Pointers to Remember

1.  If you get arrested, just keep quiet. Do not give the police a statement—immediately ask to speak with an attorney.

2. Don’t try to convince the officer of your innocence. He couldn’t care less. If you feel the urge to convince him he is making a mistake, remember you will probably say at least one thing that will hurt your case. Let your attorney handle your defense.

3. Don’t run. It’s highly unlikely you will actually get away; the Police are experts at apprehending people who run. Further, you open yourself up to more charges and you may be injured in the chase. 

4. If the police are searching your car or home, don’t look at the places you wish they wouldn’t search. Don’t react to the search at all. If they ask, “Who does this belong to?” you have the legal right to say nothing.

5. Don’t give permission to search anywhere. If the police ask, it probably means they don’t believe they have the right to search and need your consent. If you give the police permission to search, you will not be able to challenge the search at a later time.

6. Do not believe what the police tell you in order to get you to talk. The law permits police to lie to suspects in order to get them to make admissions. They will tell you that if you give a statement they will go easy on you, they will tell you that your friends have just given a statement that says “you did it”. Don’t believe any of this. Do not be tricked into giving a statement.

7. Don’t resist arrest. Keep calm. Do not push the police, touch, smack, swat or shove them. That could be considered assaulting an officer and any small injury to them will more than likely turn your minor misdemeanor arrest into a felony.

8. If at home, do not invite the police inside, nor should you “step outside”. If the police believe you have committed a felony, they will normally need an arrest warrant to go into your home to arrest you. If they ask you to “step outside”, you will have solved that problem for them. The correct responses are: “I am comfortable talking right here.”, “No, you may not come in.” or “Do you have a warrant to enter or to arrest me in my home?”

9. If you are arrested outside your home, do not accept any offers to let you go inside to get dressed, change, get a jacket, call your wife, or any other reason. The police will of course escort you inside and then search everywhere they please, again without a warrant. Likewise decline offers to secure your car safely.

10. When allowed to make a phone call, be careful what you say on the phone. The call will probably be recorded and can be used against you. Just tell the person you called where you are and that you have been arrested; do not go into any details.

You can schedule an online appointment with Law Office of Francisco Calderon or feel free to drop by. We accept walk-ins.