“I am being arrested by the police. I need to speak to a lawyer”
Kevin Filkow recently spoke to new criminal lawyers and civil lawyers at the Trial Lawyers Association, “Trial by Fire” program. The main topic was what to do when someone is arrested or is in police custody. It was a very important and instructive discussion.
Although, the most fundamental and critical advice is that an individual should not make any statements to the police, there are many other important considerations, protections and strategies that must be communicated.
Related: Can the Police Unlock Your Phone?
The discussion covered what the individual who is in police custody should do, what should the lawyer discuss with the police? What information should the lawyer receive from the police? What can be done to assist the individual being released from custody? Is there different advice depending on whether the arrest is for drinking and driving charge, domestic assault, drug charges or murder?
One of the most scary and unpleasant events for someone is to be in police custody. There is a serious imbalance of power. One’s fundamental liberties are at stake.A phone call to a lawyer is generally the only legal assistance at a very vulnerable time. The lawyers’ role and legal assistance is extremely important on many levels. Be sure to contact us if you have been arrested.