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Arrest Advice

1. DON'T TALK.  Make no statements regarding the crime being investigated.  Even if you feel intimidated, you need to remember that you have an absolute Right to Remain Silent!  You are only required to give your name, address, and other identifying information.  Don't say anything else.  Statements you make might seem harmless at the time, but can be very damaging later if they conflict with other evidence or are inconsistent with other statements you make at a later time.
  • The police can and will lie to you.  They may tell you that they "already know" what you did, or that your friend "already admitted" what he (and you) did.  Don't be fooled into a confession and remain silent.
  • A detective, even a police captain, has no legal authority to make you promises regarding your prosection or to make you a "good deal if you cooperate".  Only a District Attorney or a U.S. Attorney has that power.
  • If you are arrested and jailed, do not discuss anything over the phone as it may be recorded, and do not discuss the case or any information with other inmates.  Prisoners often inform on each other in exchange for a deal from the prosecutor.
  • The police cannot search your home, apartment or vehicle unless you give them consent (or they have a search warrant in which case you have no choice).  You do not have to give them consent, and you shouldn't.  Don't be intimidated.
  • Don't fall for an attempt to get you to divulge information over the phone.  For example, the alleged victim in your case may call you and ask why you committed "the crime".  Don't answer and hang up immediately.  Watch out for the same type of thing from co-defendants (others charged in addition to you), as they may have "flipped", and could now be working with the prosecution.
2.  DON'T RUN FROM THE POLICE.  While police can never testify to a jury that you wouldn't speak to them, they can tell a jury that you ran from them.  This means, of course, running in the literal sense, but it also means moving out of state or taking other measure to avoid their contact with you.  Running is considered to show "consciousness of guilt", and you will be adding to the prosecutor's evidence against you if you do it.  Running from the police in Albuquerque also could get you shot and killed by the police.  The Albuquerque Police Department was recently investigated by the Department of Justice and found to engage in a pattern or practice of use of excessive force, including deadly force.  The complete report can be found by clicking here.
3.  DON'T BE OFFENSIVE.  There is nothing to be gained from being rude or offensive to the police, even if you are being unfairly arrested.  Your conduct will be reported by the police in their report, and the judge that handles your case will likely hear about it later.  It is best to silently comply with any arrest, and let your attorney handle the defense of your case later.  You might also "accidentally" be injured in the arrest if you make the officer angry.
4.  CONTACT AN ATTORNEY IMMEDIATELY.  The Robert R. Cooper Law Firm, P.C. is available to take your call day or night, including weekends.  Call us at 505-842-8494 and let us help you navigate through the process!
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