Being arrested is frightening for most people. Whether it happens in the middle of the night or in broad daylight, an arrest can leave you feeling powerless.
If you’ve seen arrests on TV, you’ve probably heard law enforcement read suspects their rights. However, you may not know that saying anything during and after an arrest can have a significant negative impact on your case. What you say—or don’t say—often plays a large role in your case outcome. Here’s what you need to know if you ever find yourself in this situation.
What You Should Say When Under Arrest
Staying calm and respectful during an arrest is key. This isn’t the time to argue, panic, or plead your case. No matter how unjust the situation feels, staying calm and respectful helps avoid unnecessary escalation. Officers are trained to observe and document your behavior.
Here’s what you can and should say when you’re under arrest:
- “I am invoking my right to remain silent”: Don’t just stop talking—say this phrase out loud. By clearly invoking your right to remain silent, you protect yourself from further questioning. Once you’ve said it, stick to it. You are not required to explain, defend, or clarify anything. It might be tempting, but do not fill the silence.
- “I want to speak to an attorney”: Asking for legal counsel means the questioning must stop. This protects you from unintentionally saying something that could be used against you. If law enforcement continues to question you, calmly repeat that you want an attorney.
- Provide basic identification: When you’re under arrest, you are generally required to give your name and show identification if asked. However, that’s it. Stick to basic biographical facts—don’t elaborate, and don’t answer any questions beyond what’s legally necessary.
What You Should Not Say When Under Arrest
It’s natural to want to explain yourself, but that can work against you. Here are some examples of what not to say:
- “I only had one drink” or “I didn’t mean to…”: Trying to explain your way out of the situation almost always backfires. Anything you say can be twisted or taken out of context. Even if you think a statement sounds innocent or helpful, it can be interpreted as an admission of guilt.
- “You’re making a mistake” or “I know my rights”: You do have rights—but yelling them won’t help. Confrontational or sarcastic statements can be documented and used against you in court. Assert your rights calmly, without provoking the officer.
- “Can’t we just work this out?”: This kind of statement may seem like a way to de-escalate the situation and avoid arrest, but it’s not advisable. Statements like these may be interpreted as trying to bargain or manipulate the situation. You’re better off staying silent and waiting for your attorney.
- Anything you’re unsure about: When you’re stressed, it’s easy to guess or fill in gaps to be helpful. However, this is a bad idea. Your silence can’t be used against you, but an incorrect statement can be.
Why Staying Silent Is Your Smartest Move
Remaining silent may feel unnatural or even rude, but it’s one of the strongest tools you have during an arrest. Law enforcement officers are trained to get information. You are not trained to withstand questioning, especially under stress. The best way to protect yourself is to say as little as possible and let your lawyer handle the situation for you.
Talk to a North Carolina Criminal Defense Attorney Today
If you or someone you love has been arrested in Carteret County, be sure to ask for a lawyer—and then call our firm. The team members at Hancock Law Firm know how stressful and frightening arrests can be, especially if you didn’t do anything wrong.
Whether you’re facing a misdemeanor, felony, or simply need advice, call us today for a consultation and find out how we can help protect your rights.