What Do I Do if I Get Arrested in Minnesota?
Getting arrested in Minnesota can be a really scary experience. To hear the sirens and to see the overhead lights in your rear view mirror is never something anybody wants to experience. To get a knock at the door and to see a police officer is always something we all hope to avoid. Of course, this concern is not unwarranted. The fear of arrest and the consequences including jail, prison, fines, impact to reputation of you and your family and more is real.
At this point, there are some really important things to remember if you find yourself in this place. Stay calm, composed and quiet. Don’t become aggressive or combative and make sure you don’t answer any questions, don’t waive any of your constitutional rights and immediately ask to speak to your lawyer. Then, make sure you contact an experienced Minnesota Criminal Defense Attorney.
How Should I Handle This Initial Stop or Police Contact?
Police Compliance and Cooperation
If you are stopped and/or arrested by the police in Minnesota, it is important to comply with a lawful arrest. If you don’t, you could face additional charges in Minnesota including obstruction of legal process, obstruction of legal process with force or even worse. That being said, this doesn’t necessarily mean that you are required to answer all of their questions or voluntarily give them access to your property, car or home. If they ask to search, don’t give them permission to search these things. If they do it without your permission and without a warrant, and they might, let them. Again, make sure you comply. You may still have Constitutional rights to contest those searches. Rather, follow the orders given by the arresting officer. If you are arrested, don’t resist. Just stay calm and ask to talk to your Criminal Defense Attorney.
Your Right to Remain Silent
Upon arrest, you absolutely have the right to remain silent. Do not volunteer anything beyond your name. If they ask for driver’s license and insurance, provide that. While the 5th Amendment protects your right to remain silent, remember the police officers are highly trained in interrogations. They may just “want to hear your side of the story” or “just want to clear this up.” While this may sound reasonable, their intention is to collect as much information as they can to build a case. At this point, it is important to ask to talk with your experienced Minnesota Criminal Defense Attorney. This should stop any additional questions but some officers may continue trying. Remain silent. If they read you your Miranda rights, again, say “I want my Criminal Defense Attorney.”
What Constitutional Rights Do I Have if I’m Arrested?
If you are arrested, you have a long list of Constitutional rights including:
You have the right to remain silent. Anything you say can and will be used against you in court;
You have the right to receive Miranda warnings upon arrest;
You have the right to protection from illegal search and seizure;
You have the right to have an attorney;
You have the right to a bail hearing before a judge;
You have the right to have a cash bail set without conditions.
Your criminal defense attorney can help explain all of these rights.
“In case you possibly missed it, if there is any running theme in this article, it is this - ask for your lawyer immediately.”
This first contact with the police may be the most critical. If you are arrested, comply and ask for your attorney. Your behavior at this stage may be the most important of the entire process. The legal fight will come next. Make sure you sit down with an experienced Minnesota Criminal Defense Attorney, talk about what happened, about witnesses, possible defenses, Constitutional rights and more.
Jack Rice is a St. Paul based criminal defense attorney with 25 years experience. He is a Board Certified Criminal Law specialist, former prosecutor, former U.S. Federal Agent and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447—7650 or 612-227-1339. Jack’s got your back.