The moments after an arrest are critical. Your actions and words can significantly impact your case. Here's a step-by-step guide.
Step 1: Stay Calm and Do Not Resist
Resisting arrest — even an unlawful one — is a separate crime in Kentucky. Stay calm, keep your hands visible, and comply with officer commands. You will have the opportunity to challenge the legality of the arrest in court. Your attorney cannot help you if you are facing additional charges for resisting.
Step 2: Exercise Your Right to Remain Silent
You have the right to remain silent. Use it. Clearly state: 'I am invoking my right to remain silent.' Then stop talking. Do not try to explain yourself, justify your actions, or talk your way out of it. Anything you say will be used against you. This applies to questions at the scene, in the patrol car, and at the police station.
Step 3: Ask for an Attorney Immediately
You have the right to an attorney. Clearly state: 'I want an attorney.' Repeat this request until questioning stops. Police must stop interrogating you once you invoke your right to counsel. Do not answer questions while waiting for your attorney to arrive.
Step 4: Do Not Consent to Searches
Even after arrest, do not consent to searches of your phone, home, car, or belongings. Police may be able to search you incident to arrest, but broader searches often require a warrant. Clearly state: 'I do not consent to any searches.'
Step 5: Contact Vantage Law
Call us immediately at (502) 576-9979. Early intervention is critical — the hours immediately following an arrest are when cases are won or lost. We can be at the jail, negotiate with prosecutors, and begin building your defense before charges are even formally filed.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change frequently and the information above may not reflect the most current legal developments. Consult a qualified attorney for advice specific to your situation.
Have Questions About Your Case?
The information above is general. Your situation is specific. Talk to an attorney.