What To Do If You Are Arrested or Accused of a Crime

We cannot stress enough to our clients that you read carefully, understand and absolutely follow these 10 basic rules if you are criminally charged, or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don’t answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

The sooner you call, the better: 310‑274‑6529

1. Don’t ever Talk to the Police

Don’t ever talk to the police before or after being arrested. You have an absolute 5th Amendment right to remain silent and not speak to the police- exercise it! You may think you are smarter than the police, but you can’t talk your way out of an investigation, even if you are innocent.

2. Do not Discuss your Case with Anyone

Do not discuss your case with anyone, other than your attorney. Any statements you make to others can be used against you in your trial. The one exception is your lawyer (see #3).

3. Everything you Tell your Lawyer is Confidential

Everything you tell your attorney is confidential (including your lawyer’s staff), even if you haven’t retained them yet. Once you start discussing your case, the attorney-client privileged applies and your statements must be kept confidential. So be completely honest with your attorney, he or she can only use the information to help you, not hurt you.

4. Tell Police You Need to Contact Your Attorney

Do not discuss your case in jail. All your phone calls and jail visits are recorded and will be used against you. When you discuss the case, someone is listening and recording and can use your words against you later on. So be quiet. The one exception is that statements you make to your lawyer cannot be recorded or used against you.

5. Never Consent to any Search by the Police

Never consent to any search by the police. Generally, the police must have a search warrant to search you, your belongings, your car, or your house. Many times the police will ask you if you will agree to a search. Just say No! If they search anyways, you can get your case thrown out.

6. If the Police Knock on your Door, Don’t Answer

Don’t answer your door if the police knock. You are not required to talk to the police, or even answer the door for them. Generally, they need the warrant to enter a house. So if the police show up at your door, just let them keep knocking, they’ll probably go away.

7. Realize What You’re Up Against

A criminal conviction can have consequences other than jail. Felony and misdemeanor convictions can severely impact your civil and individual rights. You can be prohibited from owning a gun or voting. You may be required to register as an offender for the rest of your life. You may be required to submit to a search at any time. Make sure you know the collateral consequences of your guilty or no-contest plea.

8. Your Lawyer Should Contact Witnesses Immediately

Immediately contact any potential witnesses. Your lawyer (not you, see #2 above) should immediately contact any potential witnesses. Their identities and memories can be fleeting so early investigative work is key to helping you defend yourself against criminal charges. Don’t wait!

9. Information on your Cell Phone is Evidence

Information on your cell phone is evidence. Texts, emails, and other communication and information on your cell phone can be used against you. Never consent to a search of your phone (see #5 above).

10. Early Intervention is the Key

Early intervention is the key. When you suspect you are in trouble or have been arrested, immediately contact an experienced criminal defense attorney you can trust. In many instances, an attorney can intervene early to get your charges dismissed, mitigated, or rejected entirely. Resist that urge to avoid and procrastinate- your future may depend on it!

Get a Free Consultation

If you have recently been arrested, please don’t hesitate to call us for a free, no-obligation consultation with Seppi Esfandi. During your call, Mr. Esfandi will hear the details of the case and advise you on the best approach to defend yourself. If you wish, a consultation in our office can be promptly scheduled.

Call Us for a FREE Case Review: 310-274-6529

Related Articles:

1. KNOWING YOUR RIGHTS: WHAT TO DO IF YOU ARE BEING ARRESTED

2. KNOWING YOUR RIGHTS: WHAT TO DO DURING A POLICE ENCOUNTER

3. DON’T LET THE POLICE ACCESS YOUR SMARTPHONE

4. HANDLING YOUR SOCIAL MEDIA DURING A CRIMINAL CASE

5. WHAT TO DO IF THE POLICE KNOCK ON YOUR DOOR

6. HOW TO GET SOMEONE OUT OF JAIL

Seppi Esfandi is an Expert in Criminal Law who has over 23 years of practice defending a variety of criminal cases.