Do’s and Don’ts During Arrests and Custody - 6/17/2015

Do not argue with the police. You cannot talk your way out of being investigated, arrested or prosecuted. Any explanation you give the police may give them more information than they already have, so it’s often wise to save your explanation and defenses for court.

If you have been arrested, the police believe you committed a crime. Their job is to investigate and gather evidence. Telling the police your side without a lawyer present is usually a bad idea, even if you believe you have done nothing wrong.

Always pay close attention to what happens when you first encounter the police and afterward. Try to memorize who was there to see and hear what happened. Sometimes the court needs to look into what happened to you while you were in custody. It will help you if you can later fully inform your counsel about these events.

Do not tell your family and friends all about it or ask non-lawyers for legal advice. It is possible that they may be ordered to appear at trial to repeat what you said. Do not talk to another inmate or a corrections officer about your case. A conviction may result from a “jailhouse confession.”

Rely on your lawyer to advise and defend you no matter what you did or did not do. Legal ethics rules keep your attorney from disclosing without your permission any information you give him or her during the attorney-client relationship. However, your attorney may disclose your intention to commit a crime and the information necessary to prevent the crime. Also, your attorney has an ethical duty to keep you from offering testimony that he or she knows is not true.

What are my rights in court? 

Within 72 hours after your arrest, the judge must:
1. Tell you the crime of which you are accused and explain it to you if you do not understand it.
2. Give you a copy of the written complaint against you if you do not have one already.
3. Give you a continuance (more time) to get an attorney, or appoint one for you if there is a possibility you could go to jail if convicted and you can’t afford to pay an attorney to help you.
4. Tell you the nature and effect of the pleas you may enter. You may enter a plea of not guiltyno contest or guilty.
  • Not guilty means you do not give up any of your rights, including the right to a trial. If you are in doubt, plead not guilty.
  • No contest means you admit the facts in the complaint are true, but you deny guilt. The judge may find you guilty or not guilty. (A no contest plea cannot later be used against you in a civil lawsuit for money damages. Anyone who later sues you over the incident must prove you were at fault and violated the law.) Most no contest pleas result in a guilty finding unless the arresting officer has cited you under the wrong statute or ordinance, or if the arresting officer’s written statement of facts fails to sufficiently support the charge.
  • Guilty means you admit the crime(s) of which you are accused and waive (give up) your right to a trial, where the prosecution would have to prove you guilty beyond a reasonable doubt. You also give up your right to remain silent. The judge may sentence you immediately or at a later hearing. A guilty plea can later be used to prove you were at fault in a civil lawsuit. A guilty plea can also lay the basis for a harsher punishment if you are later convicted of another offense.
You are entitled to have a record made by a court reporter or tape recorder of what has happened in the courtroom. Then, if a question later arises, you have evidence of what happened when you were in court.

Source: https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-21.aspx