Being arrested can be frightening and confusing. Understanding your rights and how to respond can protect your safety, your freedom, and your legal defense.
If you are lawfully arrested, you are required to follow police directives. Even if you believe an officer is acting improperly, it is almost always better to challenge that conduct later in court rather than resist arrest. Resisting can lead to additional criminal charges and may complicate your defense.
Remain calm, keep your hands visible, and avoid sudden movements.
You have the right to ask why you are being detained or arrested, but do not argue or physically resist. The legality of the arrest can be challenged later through legal proceedings.
After you are taken into custody, an officer may attempt to question you. In most situations, it is wise to exercise your constitutional right to remain silent.
You may politely state:
“I am invoking my right to remain silent and would like to speak with an attorney.”
Once you invoke this right, stop answering questions. Anything you say can be used against you in court, even statements you believe are harmless or explanatory.
If an officer offers you the opportunity to consult with an attorney by phone, you should always accept. Speaking with counsel while events are unfolding can help protect your rights and prevent costly mistakes.
You have the right to legal representation before answering questions.
If you are arrested for driving while intoxicated (DWI), the officer may request an evidentiary breath test at the police barracks or station.
Under Vermont law, you must be given the opportunity to consult with legal counsel before deciding whether to take the test. Always take advantage of this opportunity and discuss your options with the attorney.
In many cases, an attorney may advise cooperating with the breath test. After your release, you may choose to obtain an independent blood test at a local hospital. The results of that test are private and shared only with you and your defense attorney.
You may also receive a Notice of Intent to Suspend your license. Be sure to sign and return the form promptly to preserve your right to contest the suspension.
If you are not taken into custody but are issued a citation to appear in court later, resist the temptation to talk your way out of the charge by agreeing to an interview.
In most cases, once an officer has decided to bring charges, the decision will not be reconsidered. Interviews often serve to gather additional evidence to support the prosecution.
You have the right to decline questioning and consult with an attorney before making any statements.
If you believe you are the subject of a criminal investigation, even if you have not been arrested, contact competent legal counsel immediately.
An attorney may be able to:
Early legal guidance can sometimes prevent charges from being filed.
If you are arrested, you have important rights, including:
Invoking these rights respectfully can help protect your defense.
Avoid these actions, which may harm your case:
While each case differs, the process typically includes:
Understanding the process helps reduce uncertainty and allows you to make informed decisions.
You should contact an attorney immediately if:
Early representation can significantly affect the outcome of a case.
An arrest does not mean a conviction. The steps you take immediately afterward can have a lasting impact on your case and your future. The defense team at Kramer Law provides guidance, protection of constitutional rights, and strategic representation for individuals facing criminal charges. Call 802-257-2221 for a free consultation. With offices in Brattleboro, we represent clients throughout Vermont.
Office Location
Our Brattleboro Offices
42 Park Place
Brattleboro, Vermont 05301
Phone: 802-257-2221
Cell: 802-380-2335
Email: [email protected]
