What to Do if Arrested
Step-by-step guide from an Indiana criminal defense attorney you can trust
Without question, getting arrested is a frightening ordeal. With so many stories about police misconduct during arrests making headlines, it's more important than ever to know what to do if you're arrested. It's critical to know what to do and say to keep yourself safe and to protect your rights.
Even when the officer is following proper procedures, you can easily make any future criminal case much worse for yourself by saying or doing the wrong thing during an arrest. A slip of the tongue or a physical movement that gets misinterpreted by law enforcement can have dire consequences.
At Hocker & Associates, LLC, we have years of experience dealing with complicated criminal defense cases. That's why we created this page. We believe people charged with a crime should have as much information as possible available to them.
Contact us and schedule an appointment with our highly skilled Indiana criminal defense lawyer, Brett E. Osborne. We can also help you if you have been charged with a crime and want to file a criminal appeal. Call (317) 578-1630 to speak with a lawyer at our office. We want to help you make a fresh start.
What should I do if I'm arrested in Indiana?
If you're arrested and charged with a crime, we strongly recommend taking the following steps:
- Be polite. Don't say anything that the arresting officer might consider offensive or aggressive in nature.
- Keep your hands visible at all times. The arresting officer might take aggressive action if he or she believes you are reaching for a weapon.
- Ask the police officer if you're free to go. If the answer is yes, leave immediately.
- Politely asked the officer why you're being arrested. If the officer does not cite a specific charge, ask what you are being charged with.
- Keep your answers brief when responding to an officer's questions. "Yes" and "no" are often complete answers. The more information you provide, the more evidence police have to build a case against you.
- Ask to speak with your lawyer as soon as possible, especially if the police start asking you questions about your alleged criminal activity.
Every arrest is different in Indiana. As a result, specific advice for specific cases will vary dramatically. That's why it's important to remember if you have been arrested that these suggestions are meant as a general guide.
What matters most is contacting your lawyer as soon as possible. When you have an aggressive attorney working for you, you can make sure your rights are protected. That's why so many people rely on us to help them with their charges. That's why we want to be your lawyer for life.
If you have been convicted of a crime in Indiana, you have the right to appeal your conviction in most cases. An appeals court judge will likely rule on your appeals request. Another legal avenue to explore is to request post-conviction relief (PCR), in which a judge reviews your conviction or prison sentence.
The rules and regulations concerning post-conviction relief and criminal appeals in Indiana are very strict. An appeal is not a new trial. Rather, an appellate court will simply review your previous trial and sentence in order to determine if the trial court judge followed the law or if mistakes were made during the trial.
In most cases, you only have 30 days to file a direct appeal in Indiana. That's why it's critical that you contact Indianapolis, Ind. law firm Hocker & Associates, LLC as soon as possible. We will discuss all the legal options available to you, including possibly filing a criminal appeal.