When To Call A Lawyer After Being Arrested (Overview)

When To Call A Lawyer After Being Arrested?

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When To Call A Lawyer After Being Arrested

Getting arrested is certainly not a pleasant experience.

It’s important to remember that you have the right to remain silent and you have the right to an attorney.

To better answer the question as to when to call an attorney when you are arrested, we must first understand what it means to be arrested.

What Does It Mean To Get Arrested

A person is said to be “arrested” when the police or law enforcement officers take the person into custody or apprehended the person.

This means that they will bring the person to the local police station or jail for example.

A person who is arrested is a person who is no longer free to leave.

Generally, a person can get arrested for having committed a crime, when there are enough reasons for the police to suspect that a person committed a crime, or when a judge or magistrate has issued a warrant for the person’s arrest.

The Arrest Process

Once a person is arrested, the next step is for the person to be searched.

The police will attempt to seize any evidence that may help the prosecutor eventually file charges against the offender.

In some cases, the person is searched directly on the scene of the crime and at other times they are searched at the police station or in jail.

During the arrest process, the police have a duty to inform the arrestee of his or her rights (called the Miranda rights).

In other words, the police will need to inform the arrested person that they have the right to remain silent and they have the right to an attorney.

In all cases, criminal lawyers will tell you that you should exercise your right to remain silent (and not answer police questions) and ask to speak to an attorney.

When To Call An Attorney

Once you are arrested, you have the right to ask to speak to an attorney.

As a result, it’s advisable to remain silent and ask law enforcement officers to speak to an attorney.

The main purpose for that is to avoid providing an incriminating statement to the police that you will regret later on.

Once the police has “booked” the arrested person, they will then provide the means to the arrestee to call an attorney.

Until you are booked and given the opportunity to have a confidential call with a criminal lawyer or defense lawyer, you should remain silent.

If you are eventually accused or charged with a crime, you may want to have qualified legal representation to guide you in the process.

Takeaways 

So, when should you call an attorney after being arrested?

Let’s look at a summary of our findings.

When To Call A Lawyer After Being Arrested

  • Getting arrested means that the police officers have taken you in their custody
  • Once you are arrested, the police will read you your rights (Miranda rights) advising you that you have the right to remain silent and right to an attorney
  • Invoke your right by remaining silent and ask to speak to an attorney
  • Once your arrest is booked and paperwork completed, the police will provide you with phone to call an attorney 
Abuse of power 
Arbitrary arrest 
Arrest warrant
Bail bondsman 
Criminal law 
Expunged criminal records
False arrest 
Felony vs misdemeanor 
House arrest 
Indictable offence 
Magistrate judge
Miranda rights 
Miranda waiver 
Probable cause
Prosecutor 
Public defender 
Right to an attorney 
Unlawful arrest
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