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Polinske & Associates, P.C.

Many people don't know what to do when they are arrested. Here are some simple tips to assist this in that predicament.

The most frequent action that can seriously deprive a person of his rights is being arrested.  Not only is the subject not free to do whatever they normally would do, but is also faced with an interrogation.  Feelings of being scared, alone, and questioning what comes next are common.  Most people arrested for an offense worry about their families, jobs, schooling, and whether they will have to complete any substantial prison time for whatever offense they are facing.

This is what to do:

1.Get a qualified attorney to assist you.  This means one who has lots of experience and has been successfully defending persons charged wtih serious criminal charges.  The experienced attorney knows all the "players" involved in the jail and courthouse and can oftentimes get you out on a greatly reduced bond as well as moving forward in the best manner on your case.

2.  Don't talk to the police.  Your 5th amendment rights are yours and yours alone.  You can remain silent and the police cannot force you to speak to them.  This is the most important thing you can do for yourself at this point.  If the police attempt an interrogation just tell them you are not going to speak to them and want an attorney.  

3.  Don't submit to any physical testing (blood draw, breath sample, dna testing, etc.) until you talk to a qualified attorney.  The police can obtain search warrants for all those items at a later date should they have probable cause to do so.  But don't do it voluntarily.  

4.Contact family members and friends and detemrine if you can get your bond money together.  If so, post it and get out of jail.  Oftentimes circuit clerks accept credit and debit card payments for bonds.  Cash can always be paid at the clerk's office or at the jail.  Getting a client out of jail is our number one priority.   Their cases will be better resolved when they are out of jail versus remaining incarcerated throughout their case.

5.  Don't discuss the facts of your case with anyone other than your attorney.  There exists a legal privilege between you and your attorney.  There are no privileges between friends and family members (except your spouse).  If you communicate through jailhouse communications everything you say is recorded.  All letters you write are copied.  Even the communications directed to your spouse.  So, don't discuss the facts of your case with anyone but your attorney.

These five simple rules will prevent a bad situation from becoming worse.  Don't add evidence to the pile the State already has.  Follow the above rules.  In the long run, it will work out much better for you.

Brian L. Polinske
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