When individuals are arrested, they have a legal right to consult a lawyer for advice and representation. But until making that call, taking other actions helps protect their interests. Below are a few steps to follow if you can’t get criminal defense advice immediately after arrest.

3 Steps to Take After Arrest Before Contacting a Lawyer

1. Assert Your Fifth Amendment Rights

Under the Fifth Amendment to the US Constitution, your Miranda rights include the right to remain silent if you are arrested. Anything you say can be used against you. Asking for a lawyer immediately upon arrest should stop any questioning. But remember — you can waive your right to remain silent if you answer any questions after asserting that right.

2. Decline an Offer to Go Home 

For their safety during an arrest, police have the right to search you and the area under your immediate control. However, if an officer arrests you outside and offers to let you go inside your home, they can seize any evidence they see in plain view. You might want to think twice before accepting the offer.

3. Do Not Consent to a Cellphone Search

Law enforcement officers cannot go into your cellphone without a search warrant, according to the June 2018 US Supreme Court opinion of Carpenter v. United States. The 5-4 decision held the police need a judge-issued search warrant to obtain historical location information from an individual’s cellphone in non-emergency situations. If officers take your phone without a warrant, tell them you object and notify your lawyer immediately.  

In Northwest Missouri, individuals needing criminal defense after arrest contact the Law Offices of Drew F. Davis for wise counsel and effective representation. Based in Cameron, MO, this Washington University School of Law graduate has protected the rights of the accused since his admission to the Missouri Bar in 1996. Leading a skilled and compassionate legal team, Drew keeps up with the latest developments in the law to achieve the best possible outcomes for clients. Learn more about the law firm online and for an appointment, call (816) 632-7575.