Introduction
Being arrested is one of the most stressful and disorienting experiences a person can have. Therefore, the minutes after your arrest are important.
Each choice you make can affect your case, your liberty, and even your future. The following steps will help us to navigate the legal process with confidence and clarity.
Know Your Right
Knowing your rights is crucial. Understanding your rights during a criminal arrest is significant in order to follow the legal procedure with clarity. While you are under arrest in India, the law provides you with certain safeguards against abuse of authority and ensuring even-handedness of legal processes.
1) Right to Remain Silent:
You are not required to respond to any question which may self-incriminate. Use this right tactically. Silence is not proof of guilt; it’s a safeguard.
2) Right to Legal Representation:
You have a right to meet and be represented by an advocate of your choice. If you are not in a position to afford one, legal aid services should be offered.
3) Right to Be Informed of Charges:
The police must tell you very clearly why they are arresting you. They have no right to arrest you for no reason and without making general charges. Vague reasons don’t qualify as valid reasons for arrest.
4) Right to Contact Family or Lawyer:
The arresting officer to inform someone close to you regarding your arrest. Ensure you clearly indicate your intention to use these rights if they are being ignored. For instance, if you are not informed of the reason for your arrest, request it calmly. If you are not allowed to call a lawyer or your relative, reference your legal right.
Stay Calm and Co-Operate
Don’t Resist Arrest
The first and key thing to do is to remain calm. Easier said than done, of course, but this can diffuse the situation further from getting worse. When the arrestee becomes nervous or starts to act impromptu upon being arrested, they might unnecessarily resist or push back against police officers, triggering a series of subsequent problems or extra charges such as obstruction of justice or resisting arrest.
Avoid Unnecessary Confrontation
The goal in such cases should be to maintain a clear head. The next step is to avoid the sudden movements as that maybe misinterpreted by the officers. Do not raise your voice, argue, or show aggression at the time of the event. Respond to the commands in a quiet and compliant manner. It is also important to remember that the law enforcement officers are trained to assess threats rapidly, therefore your behavior can further influence how you’re treated. Moreover, in remaining calm, you are more likely to notice and remember critical details like the officers’ names, badge numbers, what they said, and the order of events. This information can prove to be compelling evidence down the road, particularly when instances of procedural abuse or misuse of power are involved.
Do Not Provide More Information Than Required
Once you are arrested, you might feel the urge to clarify things to the police. But this tendency can prove counterproductive. The police might note down what you say and present it as evidence against you, even though you intended something else. Anything you say can be used against you or taken out of context, and this can damage your defense in the future. It is safer not to discuss the case until your attorney is with you. If you are interrogated by police without an attorney, simply refuse to answer and ask for legal representation. Likewise, don’t sign any papers handed to you at or after your arrest without reading them and understanding them completely. Many individuals sign statements or confessions under duress, only to find out afterwards that they’ve confessed to doing something they didn’t do or didn’t know. Your attorney will make your statements legally valid and safeguard your rights.
Ask for a Criminal Lawyer Immediately
Importance of Legal Guidance from the Beginning
One of the first things you or your loved ones need to do is hire a good criminal attorney. A criminal defense attorney is essential in protecting your rights, guiding you through intricate legal processes, and ensuring your interests are represented. For instance, if your location is in Bangalore, you can approach the best criminal lawyers in Bangalore at Prime Legal.
How a lawyer Can Help Protect Your Rights
Protect Your Rights: They will verify whether or not your arrest was legal and step in when your rights are in jeopardy.
Navigate Your Legal Strategy: They will guide you as to how to handle charges, what not to say, and how to handle police and court officials.
Do Not Answer Police Questions Without a Lawyer Present
You are required to answer the questions only after your interaction with your lawyer as it would prevent you from giving out information that may be used against your benefit. The lawyer would further :
Defend You in Court and Hearings: Your lawyer will represent you at bail hearings, court appearances, and potentially in questioning by police.
Facilitate the Bail Process: Time is money. A qualified lawyer will move fast to prepare and submit a bail application.
Inform Family or Trusted Contact
Notify Someone You Trust as Soon as Possible
Discussing with one whom you have confidence in is vital. Also, having a third party outside of the detention center can apply pressure on the authorities to act in accordance with proper procedures. If you are refused this right, note it mentally and inform your attorney later.
They Can Arrange a Lawyer and Gather Documents
- Phoning a lawyer on your behalf
- Producing documents like proof of identity or medical reports
- Making arrangements for bail money or sureties
- Being present and watching police methods to ensure they are fair
Documentation Is Important
It is advised that you keep a track of the details and inform the same to your advocate representing you at the court.
Keep Track of Arrest Details (Date, Time, Officers Involved)
- Officer names and badge numbers
- Excerpts of what was said by the police
- Physical or verbal violence
- Bystanders who witnessed the event
Get a Copy of the Fir If Possible
All of this can help build your case. It is important to know what is an FIR and how to handle it. An FIR, or First Information Report, is the first official complaint to the police of a cognizable (police investigable) offense. It’s the beginning of a criminal investigation. Dealing with an FIR means knowing its objective, how it is filed, and what follows. The FIR will be registered by the police, will investigate, and gather evidence.
Collect Names of Witnesses, If Any
The police will question witnesses, collect evidence, and arrest the accused if necessary. If sufficient evidence is collected, the police will present a charge sheet in court, beginning the trial procedure. The court will listen to both sides’ evidence and arguments and decide the guilt or innocence of the accused. For example, if your rights were violated or procedures were not followed, these details could be presented in court to support motions for dismissal or bail. Even if you’re unable to write them down immediately, try to memorize them and share them with your lawyer at the earliest.
Applying For Bail
Bail Can Be Applied for Immediately in Some Cases
Bail is an interim release awarded to a person accused of something and awaiting trial. The procedure for bail in India is established by the Bharatiya Nagarik Suraksha Sanhita (BNSS). After being arrested, your lawyer must act quickly to file a bail application. This is a crucial step and your lawyer must be a complete guide on applying for bail in India
Difference Between Regular and Anticipatory Bail
The following are the different types of bail and their differences.
Regular Bail: Released after arrest but prior to trial completion.
Anticipatory Bail: An anticipatory legal relief applied for when an individual is likely to be arrested for a non-bailable crime. The key difference is that in regular bail, the bail is obtained after the arrest , however in anticipatory bail the bail is obtained when the individual is likely to be arrested.
Interim Bail: Bail given temporarily prior to the hearing of regular or anticipatory bail. The application for bail should provide information about the offense, personal history, grounds for bail, and any supporting evidence or sureties. A well-prepared application raises the chances of acceptance, particularly in non-bailable crimes.
What Not to Do
Don’t try to bribe or threaten police
Being arrested can have an emotional impact. Individuals tend to be more afraid of the social consequences than the legal consequences. It’s important to keep in mind that an arrest is not a conviction. Therefore, do not try to bribe the police or threaten them in order to provide your release.
Don’t lie or provide false documents
Public statements can be used as evidence and can also have an impact on public opinion that can indirectly impact your case. Your first concern ought to be having a solid defense in law.
Don’t panic – it can harm your case
Do not get emotional or panic as it can cause a chaotic and disturbed environment. Remain silent, calm and make note of your surroundings. Remember relevant information that can be useful while consulting with your lawyer.
Conclusion
Staying calm and mentally noting down subtle details would be very beneficial. Ensure to get the right legal help. Transparency with your attorney is essential. All the information you provide them with enables them to create a more solid defense. Do not withhold facts, even if you think they may harm your case. Surprises in court because of facts that were not revealed can be very detrimental. Keep in mind that the attorney-client relationship is privileged. Your attorney cannot reveal anything you share with them without your permission, which makes it a secure environment to be entirely honest.
Getting arrested is certainly tough, but it doesn’t imply that your life is over. Each person has the right to a fair defense and an opportunity to establish their innocence. With proper legal assistance, presence of mind, and a clear knowledge of your rights and duties, you can face this situation triumphantly. Be strong, justice starts with knowing your rights. For further legal assistance, get legal support from Prime Legal today.
