Five Things to Do After an Arrest

For most people an arrest will be the first, and only, encounter with the Kansas justice system.  Whether you made a bad decision or were wrongly accused, there are a few things that can done to reduce the negative impacts of that encounter.


There's a reason they say, “anything you say or do can be used against you.”  That's because anything you say or do can be used against you.  Following an arrest, the interviewing officers will be gathering evidence to convict you.  Even seemingly innocuous comments or actions could be the actual or believed link they need to chain you to a crime.  You won't know how your statements are interpreted until it's too late.  Furthermore, officers are trained to lie to trick you into a “confession.”  Thus, don't talk on the jail phone, don't talk to witnesses, and don't talk to the police officers investigating you.


After you stop talking, the next thing to do is get out of jail.  Depending on the charges and the jurisdiction, you may have been simply ticketed and released or released following a short period of confinement on your own recognizance.  If not, the most important thing to do is to get yourself, or your loved one, out of custody.  With your freedom in hand, you will be able to interview attorneys and maintain your personal and professional life.


Many criminal cases take months or years to resolve.  Officers take written statements, write reports, store physical evidence, and save video recordings to preserve their memories.  If you are concerned about proving your innocence, it may be a good idea to make a mental note of the witnesses on the scene – they may have knowledge of something that can help your defense.  Make sure to tell your attorney everything you can about the incident.


Change the setting on your social media accounts to private.  This easy precaution will add one more layer of protection for you.  Then, stop posting altogether.  It would not be helpful if your friends leave incriminating posts for the world to see while you are under investigation.  Again, you may not know how your comments or actions could be used against you until it is too late.


Finally, hire an attorney who is willing to go to bat for you.  Your attorney should focus on criminal defense and he or she should be knowledgeable about your specific charges.  Be wary of those attorneys who practice more than one or two areas of law.  If criminal defense isn't their primary focus, they may not be up to date on the latest advances in the law.  Ask how many cases they have open to find out if they have the time necessary to put toward your defense.  See if they have recently filed a motion or brief, and ask to see a copy.  Lastly, your attorney should leave you feeling comfortable that the advice he or she is giving you is best for you.