What to do during an arrest, what makes an arrest legal and how a Boston criminal defense lawyer will help you
Being arrested can be a frightening, infuriating, and overwhelming experience, to say the least. However, as shocking or unjust as the experience may feel, any Boston criminal defense lawyer will tell you that if you are ever in a situation where law enforcement is placing you under arrest: do not resist.
Facing arrest: what you should do
From the moment law enforcement takes you into custody and you are no longer free to leave, you are under arrest. It is crucial at this time that you:
- Do not resist the arrest.
- Remain silent and ask for a lawyer clearly and directly.
In moments of high tension, especially when confronted by law enforcement, it can be easy to forget these two points. Why? Because it is easy to feel overwhelmed by the situation, angered by what seems unjust to you, or even simply shocked by the situation. But no matter what, it’s essential that you do not resist and that you immediately request a lawyer.
To learn about the logistics of what to do next, after the arrest has occurred, you can refer to this guide outlined by top Boston criminal defense lawyer, Keren Goldenberg.
What constitutes a lawful arrest
For the arrest of an individual to be considered lawfully completed, it must fall under three circumstances. Here is a brief overview of when law enforcement is legally allowed to place someone under arrest:
- Witness to a crime. Law enforcement or a police officer personally witnesses the suspect commit a crime. The most simple example of this can be witnessing an individual stealing.
- Probable cause. A police officer has enough reasonable belief based on context and information.
- There is a warrant for the arrest. “A warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement, that sets out the basis for taking the individual into custody”
As emphasized before, even if you doubt the lawfulness of your arrest, do not resist. Contesting unlawful arrests can only happen after. If you’re in the Boston area and fear that you have been unlawfully arrested, you can contact a Boston criminal defense lawyer to help you challenge your arrest.
A Boston criminal defense lawyer can help you
For more information about what happens immediately after an arrest is made, check out this guide.
It is important to emphasize that even if you make bail, you must appear in court the next business day at 9 am. Regardless of the situation, it is in your best interest to have a Boston criminal defense lawyer present with you at court so that you are properly represented.