Knowing what to do if you are arrested in Minnesota can mean the difference between freedom and serious legal consequences. The first and most crucial thing to do during and after the arrest is to remain calm and cooperative. The next thing to do is to request a lawyer and invoke your right to remain silent, especially if the arresting officers start interrogating you about the alleged crime. You should familiarize yourself with bail and release conditions, be present during court hearings, and follow your lawyer’s instructions.
Defense lawyers at Keller Criminal Defense Attorneys can provide the legal guidance and representation you need to win a criminal case. Call us at (952) 913-1421 to discuss the best course of action with one of our lawyers. Initial consultations are free.
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Your Rights After an Arrest in Minnesota
Knowing and exercising your rights after an arrest in Minnesota can help prevent self-incrimination and ensure a just trial. Exercising your rights and having a seasoned criminal defense lawyer can also help you develop a robust defense and increase the chances of a favorable outcome. Some rights you should know and assert during an arrest include:
The Right to Remain Silent
The Fifth Amendment gives you the right to remain silent when arrested. This right protects you from self-incrimination. So, you must know what to say to the police if you’re arrested. If you must speak, only provide your personally identifying information, like your name and physical address.
Maintaining silence is paramount. Law enforcement officers are highly trained professionals. They’ll attempt to get information from you by trying to be helpful, but that’s just a façade. An officer may say, “I just want to hear your side of the story” or “Just to clear things up.” That’s reasonable, but hidden in that polite gesture is the intention to get you to say something that can incriminate you. You can end that conversation by asserting your right to remain silent.
Right to Humane Treatment
You have a right to be handled with respect throughout the arrest process. The police officers must not use excessive force during the arrest. Instead, they should handle you gently and with respect.
Right to Know Why You Are Getting Arrested
The law requires the police to tell you why they are arresting you. This information helps clear confusion and allows you to prepare your defense.
Right to Deny Consent to Search
You have a right to decline consent to a search if the law enforcement officer doesn’t have a valid search warrant. Any evidence that the officer obtains without your consent or valid warrant is inadmissible in court. However, if you agree to the search without a valid warrant, then any evidence obtained will be admissible.
Right to a Lawyer
You have a right to contact a lawyer and have the lawyer present when law enforcement officials are interrogating you. The lawyer’s presence prevents the officials from tricking you into providing self-incriminating information.
Key Steps to Take If You’re Arrested
How you act during the initial contact with law enforcement is critical. Knowing how to conduct yourself enables you to contain yourself. It also prevents the situation from escalating into a more serious offense. Below are some valuable tips for interacting with law enforcement during and after an arrest in Minnesota:
Cooperate
Be sure to cooperate with the police officer(s) during the arrest. Aggressive behaviors can only aggravate an already unpleasant situation. Moreover, aggression gives the police a reason to add more charges to your charge sheet.
Cooperating doesn’t mean disclosing information that can compromise your case. Instead, it means you conduct yourself properly to avoid doing or saying things that may cause the arresting officers to think you are resisting arrest.
Be Calm
A 2023 report from the Minnesota Department of Justice shows that the Minneapolis Police Department uses excessive force during arrests. The report indicates that 19 shootings happened between 2016 and 2022. In most instances, police officers discharged firearms in relatively calm interactions.
It’s understandable to feel uneasy, stressed, and scared during an arrest. However, you should try your best to remain calm. Levelheadedness helps in such a tense situation and enables you to think clearly before making decisions.
Request to Call a Lawyer
An arrest is often your first direct contact with the criminal justice system. You have a right to a lawyer at this initial step of the criminal justice process. So, exercise that right by telling the police you want to talk to a St. Paul criminal defense lawyer. Immediately after you ask for a lawyer, the officers must stop interrogating you regarding the alleged crime until your lawyer is present.
Know the available Bail and Release Options
You may be eligible to be released on bail after the arrest and booking process. The court is responsible for setting the bail amount. It often considers your criminal record and the seriousness of the crime you are accused of committing.
Another release option is getting released on your own recognizance. This option does not require you to post bail. Instead, you promise to attend all your scheduled court dates. Your lawyer can explain the bail process and push for a lower bail amount or other release options.
Be Present During All Your Scheduled Court Hearings
Show up for all your court hearings once you get released. Failing to appear can lead to additional charges, the judge issuing an arrest warrant against you, and seizure of your bail.
Follow Your Lawyer’s Instructions
Your lawyer has your best interests at heart. So, the lawyer will tailor your defense to the details of your case. Heed the lawyer’s advice, disclose all the information about the alleged crime, and share information and documents that the lawyer requests.
What Not to Do After Being Arrested in Minnesota
Knowing what not to do after your arrest in Minnesota is equally important. The unexpected arrest can leave you confused and agitated, making you do things that can quickly worsen the situation. Some mistakes to avoid during an arrest include:
Fiddling/Moving Your Hands
A law enforcement officer will typically say: “keep your hands where I can see them.” Always ensure your hands are visible during your interaction with the cops. Avoid suspicious movements like fidgeting your hands in your pockets.
Police don’t know what you have on you. Trying to access your pockets makes them think that you’re withdrawing a weapon or getting ready to discharge a firearm. The police officer(s) may have no other option but to use force to make you comply, which may lead to injuries.
Providing False Information
Don’t be tempted to present a fake ID or a forged document if an officer requests to see your ID. False information can only exacerbate your legal situation because you’ll face additional criminal charges.
Remember, police are well-trained in detecting lies. The chances are high that they won’t believe your story. While you should be discreet with the information you give to the police, ensure the little, necessary information you provide is true.
Resisting Arrest
One of the biggest mistakes people make when cops arrest them is to try to fight their way out. Never resist an arrest, even if you are innocent. You must also avoid assaulting a police officer or running from the cops. Any of these actions can get you injured, either by the police or in an accident while escaping from the police. Besides, running away only implies you are guilty.
Divulging Too Much Information
People may try to explain themselves during an arrest to evoke some sympathy from the cops. But the police aren’t on your side – they are trying to make a case against you. Thus, they’ll use information you share against you.
For instance, an officer may discover you smell of alcohol during a traffic stop. You then try to tell him or her that you only had one or two drinks before getting behind the wheel. Explaining yourself doesn’t help, because the only information the officer will capture is that you’ve been drinking. Unwittingly, you’ve just provided a story that can be used against you in a court of law.
When to Contact a Criminal Defense Lawyer
Do I need a criminal defense lawyer if I haven’t been charged? You need a criminal defense lawyer even if the prosecutor has not filed any charges against you. Contact a lawyer in the following situations:
You Are Under Investigation
Get a criminal defense lawyer involved soon after discovering that the police are investigating you for a crime. An experienced lawyer can guide you on how to conduct yourself and protect your rights during interrogation by the police. The lawyer can also convince the prosecution not to file charges against you. This may involve demonstrating that the suspicions are stemming from a misunderstanding. It may also involve negotiating to resolve the matter privately.
You Have Been Arrested, Detained, or Formally Charged with a Criminal Offense
Contact a lawyer as soon as possible if you have been arrested or detained,or the prosecution has filed criminal charges against you. A skilled defense lawyer will examine the charge sheet, investigate the alleged crime, and develop an appropriate defense strategy. The lawyer will also protect your rights at every stage of the Minnesota criminal justice process.
You Need Legal Help
One of the things that a defense attorney brings to a criminal case is in-depth legal knowledge, experience, and skills. So, it’s wise to speak with one, even if the prosecution has not pressed charges against you. Your lawyer will discuss your legal situation and outline all possible outcomes. The lawyer will then guide you on the steps to maximize the odds of a positive outcome.
You Want to Alleviate Stress During or After Arrest
An encounter with law enforcement can be stressful and highly volatile. It can take a wrong turn within seconds or minutes. The police can intimidate, abuse, and harass you, especially if you are unaware of your rights. One way to avoid the stress is to involve a Minnesota criminal defense attorney.
An experienced attorney understands the laws and legal procedures that police officers must follow when arresting suspected persons. Your attorney will examine the officers’ actions during the arrest. The attorney will identify breaches or violations of the law. He or she will then use proof of violation of your rights to discourage the officers from forwarding your report to the prosecutor.
You Need a Lawyer Urgently
Sometimes, police stops or encounters may occur at unexpected times. It helps to know where to find a 24-hour lawyer for criminal defense. Such a lawyer can respond to your case and protect your rights, regardless of the time.
You Are Facing Severe Legal Consequences
A defense lawyer’s intervention can make a big difference when you have been charged with a crime carrying harsh consequences like huge fines or lengthy prison time. The lawyer will aggressively defend you to get the charges dropped, the case dismissed, or lessen the consequences if a conviction is inevitable.
You Want to Appeal Your Conviction or Sentence
Get in touch with a lawyer if you believe the judge or jury made serious legal blunders during the trial proceedings, or think your sentence was unfair. The lawyer will evaluate the case and determine if you have sufficient grounds to appeal the decision. He or she will also handle the appeals process for you.
Keller Criminal Defense Attorneys is your go-to law firm if you’re under investigation or have been arrested for allegedly committing a crime. We have helped many people in Minneapolis and St. Paul get favorable outcomes in their criminal cases. We can help you, too. Contact us today for a free consultation with one of our criminal defense attorneys.
