Arrest Tips: What to Do and What Not to Do During an Arrest in California

No one plans to be arrested; however, it could happen to you at any time and for any reason. Sometimes an arrest is expected, or at least a reasonable possibility. Other times it comes out of the blue. If you have never been taken into custody before, being arrested can be a frightening and confusing experience. Hopefully, you will never need to know what to do and what not to do during a California arrest, however, the old adage “plan for the worst and hope for the best” applies here. With that in mind, consider the following list of things to do and not to do during an arrest:

• DO cooperate – This does not require you to be “nice” or “gracious,” just cooperative. The entire process will go smoother if you follow this advice.
• DON’T resist – Do not, under any circumstances, resist arrest. This includes threatening the police, trying to run, refusing to let them handcuff you, or anything else that could be interpreted as resisting. Doing so will only add to your charges and could result in injury to you.
• DO remain calm – Though it may be difficult, particularly if the arrest is totally unexpected, try to remain calm. Bad decisions are made when people are not thinking clearly.
• DON’T answer questions – Other than providing identifying information such as your name and birthdate, do not answer any questions asked of you by the police. Something you say when you are not thinking clearly could be used against you down the road.
• DO remember an arrest is NOT a conviction – Just because you have been arrested does not mean you will be convicted. Remember you have a right to a defense.
• DON’T discuss specifics over the phone – All jail calls are recorded. Whether you actually committed the crime or not, do not discuss it over the phone.
• DO ask for an attorney – Ask for an attorney immediately. Once you do that the police have to stop questioning you. Plus, you will need a criminal defense attorney to protect your rights.
• DON’T talk to cellmates – Jailhouse conversations are frequently dredged up by the prosecution to corroborate a theory or to point the finger at someone.

If you have been arrested in the State of California, contact an experienced California criminal defense attorney as soon as possible. For a free and confidential consultation, you can call San Diego criminal defense attorney Domenic J. Lombardo today at (619) 232-5122.

for a free and confidential consultation

call today (619) 232-5122

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Domenic Lombardo

Domenic J. Lombardo, Attorney at Law and a member of California Attorneys for Criminal Justice (CACJ), graduated from University of California, Los Angeles (UCLA), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. Mr. Lombardo has been practicing as a criminal defense lawyer in San Diego for nearly 30 years, having started at the San Diego Office of the Public Defender in 1991 and then opened the Law Office of Domenic J. Lombardo in early 1996 as a sole practitioner. His practice is dedicated entirely to the defense of individuals accused of crimes and university misconduct, including Title IX allegations. While Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case. When he is not working, Mr. Lombardo is a family man, triathlete, and world traveler.

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