What You Should and Shouldn't Do If You've Been Arrested
Being arrested is often a stressful and overwhelming experience. While your emotions may be strong, it's important to remain calm and mindful of your actions. What you do—or don’t do—following an arrest can have a significant impact on the outcome of your case.
At Abrahamson Law Office, we’ve seen the common mistakes people make when they’re arrested and the consequences that often follow. Located in Omaha, Nebraska, we’re dedicated to helping our clients protect their rights and build a strong defense. That begins with understanding the key dos and don'ts when facing an arrest.
What You Should Do
If you've been arrested, there are specific actions you should follow to make sure you comply with the law enforcement officers present and avoid any additional consequences. Some of the primary things you should do include the following.
Remain Calm and Respectful
If you've been arrested, stay calm. It’s natural to feel scared or angry, but staying composed will help you avoid doing or saying anything that could worsen your situation. Treat law enforcement officers with respect, even if you feel they are mistreating you.
Resisting arrest, making threats, or behaving angrily can lead to additional charges, such as interference with a police officer, which is a Class I misdemeanor in Nebraska.
Know Your Rights
Everyone in Nebraska is protected by the U.S. Constitution. When you are arrested, you have certain rights under the law. These include:
The right to remain silent: Under the Fifth Amendment, you are not obligated to answer questions asked by law enforcement. When interacting with officers, you can politely and clearly state, “I am exercising my right to remain silent.” Avoid providing explanations, excuses, or any potentially incriminating information.
The right to an attorney: Once you have been arrested, you have the right to legal representation. If you cannot afford an attorney, the court must appoint one for you. At our firm, we strongly encourage you to contact us as soon as possible after your arrest so we can begin building your defense.
Protection against unlawful searches: Under the Fourth Amendment, you are protected against unreasonable searches and seizures. Law enforcement typically needs a warrant to conduct a search, although there are exceptions, such as searches conducted during an arrest. Do not consent to any search unless you are compelled by the courts to comply.
Knowing and asserting your rights calmly and respectfully can significantly impact the outcome of your case.
Contact an Attorney Immediately
Contact an experienced criminal defense attorney as soon as possible after your arrest. At our firm, we understand the intricacies of Nebraska law and can guide you through every step of the legal process. Reaching out to us early gives us the necessary time to review the charges, evaluate evidence, and start designing a strong defense strategy tailored to your situation.
Document Your Experience
While your memory is fresh, try to recall every detail of the incident leading up to your arrest. Write down or document as much as you can, such as the timeline of events, the officers' names (if known), and details about your interactions with law enforcement. This information can be extremely helpful in assessing whether your rights were violated and can provide us with crucial insights to prepare your case.
What You Shouldn't Do
While knowing your rights, remaining calm, and complying with law enforcement officers at the scene are important actions to take, there are certain things you should avoid doing that could potentially complicate your case or lead to additional charges. These include the following.
Don't Resist Arrest
Even if you believe you’ve been wrongfully arrested, do not physically resist or argue with the officers. Resisting arrest in Nebraska is charged as a misdemeanor and can complicate your case, which could lead to additional charges. Instead, follow the officer’s instructions calmly and without resistance. Remember, you’ll have the opportunity to challenge the arrest later with the help of your attorney.
Don't Talk About Your Case
After an arrest, you might be tempted to tell your side of the story to law enforcement, friends, or even on social media. However, it's important to resist making any statements or posting anything online. Anything you say—whether it’s to the police or another party—can be used against you in court.
Avoid discussing the details of your situation until you’ve consulted with an attorney who can guide you on what to share and what to withhold. If the police ask you questions, remember to politely invoke your right to remain silent. This is not an admission of guilt but a step to protect yourself from making unintentional self-incriminating statements.
Don't Consent to Searches Without Understanding Your Rights
If law enforcement asks for permission to search your belongings, your vehicle, or your home, you have the right to refuse unless they have a valid warrant. Politely but firmly state that you do not consent to the search.
While there are instances where searches can be conducted without a warrant—for example, under probable cause—your refusal to consent could strengthen your defense if the legality of the search is questioned later.
Don't Miss Court Dates or Ignore Charges
Once an arrest has been made, you are likely to be assigned a court date. Failing to show up for court can lead to additional charges and hurt your credibility in front of the judge. It's important to take all legal proceedings seriously, even if the charges seem minor. Work with your attorney to stay on top of deadlines and court appearances to avoid further complications.
How an Attorney Can Help
In Nebraska, the penalties for an arrest can range from fines and probation to extensive prison time. A knowledgeable attorney can make sure your case is handled professionally and provide you with the best chance of achieving a favorable outcome.
At Abrahamson Law Office, our role is to review the evidence, challenge the prosecution's claims, negotiate on your behalf, and provide you with clear, honest advice at every stage of your case. Whether you are facing misdemeanor charges or more serious felony accusations, we are dedicated to protecting your rights and advocating for your future.
Reach Out to an Experienced Attorney Today
If you’ve been arrested in Nebraska, your actions in the moments, days, and weeks that follow are critical to the outcome of your case. By remaining calm, knowing your rights, contacting a skilled attorney, and steering clear of potentially damaging behaviors, you can help ensure your legal rights are protected.
At Abrahamson Law Office, our attorneys are here to support you during this challenging time. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.