Should You Cooperate With the Police?
Suppose the police approach you and tell you that you are under arrest. You have not done anything wrong or are unsure why you are being arrested. In such a case, what do you do? Should you cooperate with the police in such a situation? The simple answer is yes. You should cooperate with the police even if you haven’t done anything wrong or are unsure why you are being arrested. Resisting arrest, even when innocent of an offense, only makes the situation worse. Resisting arrest is a crime on its own and is often viewed as incriminating, making you look guilty of other charges. Cooperating with law enforcement is the best way to protect yourself legally. It is also the best way to protect yourself physically. You could be badly hurt, or killed, if you don’t comply with the police. The best thing to do is comply with the police, and challenge their action in court.
How Should You Cooperate With the Police?
When a police officer approaches you and says you are under arrest, comply with the officer’s orders. Remain calm and ensure the police officer can see your hands. Do not argue with the officer or try to resist arrest. You should avoid threatening the officer or making any sudden or quick moves. You cannot predict how the officer will react. They may respond in a way that leaves you hurt. Remember, you are dealing with someone who has a gun and is legally allowed to use it. If, for example, you want to remove something from your pocket or your glove compartment, ensure you get the officer’s approval.
What To Do After an Arrest?
If the police are reading your Miranda Rights, you are a suspect and you should invoke your right to remain silent until you have consulted with an attorney. Even if you are innocent, you should avoid saying anything to the police without your attorney present. Often, innocent people think that speaking to the police will help them clear their name, but this is rarely true. The law allows the police to lie to suspects during an investigation, and they regularly do.
While you have the right to remain silent, it is crucial that you clearly tell the police that you are asserting your right to remain silent. Clearly state that you do not wish to speak to them without your attorney present. Additionally, you should note that invoking your right to remain silent does not automatically imply guilt. Some people choose to talk to the police because they believe if they don’t, they will look guilty. The truth is, the State is prohibited from arguing that the exercise of your constitutional rights is an indicator of guilt if the case would go to trial.
The police might tell you that it is in your best interest to talk to them. They might even tell you that you are not in any legal trouble and that they simply want to give you the opportunity to tell them your side. Keep in mind that the goal of an investigation is to close it with an arrest and it is always best not to speak to the police without an attorney.
Legal Help Is Available
Our qualified Indianapolis criminal defense lawyers at Rigney Law LLC are available to help whether the police have requested an interview prior to an arrest or after the police have arrested you. Contact us by calling 317-623-0989 or filling out our online contact form.