Lawyer David Serna Shares Things To Do If You Are Arrested

Criminal defense lawyer David Serna believes it is vital that individuals know what will get them in trouble and get them arrested first before knowing what they need to do next. Law enforcement officers may arrest you:

     if they are present, and someone accuses you of committing a crime;

     if someone accuses you of committing a crime that falls under the exception of warrantless arrests, such as battery;

     if in pursuant of a warrant, a judge summons you to court

 

Lawyer David Serna believes that one of the essential things individuals need to remember is that they should not speak to law enforcement officers without talking to their attorney first. If the individual does not have a defense attorney, they have the right to immediately ask for a legal counsel. After getting arrested, lawyer David Serna believes it is best if you concentrate on protecting your rights. Explain to the law enforcement officers that you will not provide any information until you have spoken to an attorney. Under the 5th Amendment of the U.S. Constitution, even if the police threatens you or you are afraid that you may appear guilty, you should never agree to answer any of their questions or make any uncounseled statements.

 

After the arrest, the police usually has the right to conduct a limited warrantless police search of your person and property. This process, known as search incident to arrest, ensures the officers’ safety, and determines whether you have any contraband material. Lawyer David Serna believes that it is best to avoid physically resisting to avoid any conflict with the law enforcement officers. Make sure to pay careful attention to how the police officers conduct their search. Remain calm, physically compliant, and silent. Make sure that you do not make any statements that suggest you committed an offense.

 

If you need any legal assistance, criminal defense lawyer David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

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