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What To Do When You’ve Been Arrested

Smile, stay quiet and you could be out soon. Image via Shutterstock.

“Say nothing either at the scene or in the police car about the incident until you’ve asked for a lawyer,” says the (aptly named) Freeman.

Your best bet at this stage is to be issued with a Field Court Attendance Notice, rather than be hauled back to the station.

If you are taken back to the station there’s a few things to bear in mind. “The custody sergeant, the person behind the desk at the station, is responsible for your welfare. They’ll have a list of boring questions to ask you about medication, your mental health, alcohol consumption and explaining your rights to you,” says Freeman. You have the chance to speak to a lawyer or have someone informed that you are there. But remember, despite what you may have seen on cop shows, lawyers tend not to go to the police station.

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However frustrated you are, adopt the demeanour of a cooperative snitch – you’re there to help, even if you give them no actual intel. “Answer politely – don’t be testy, aggressive or bored,” says Freeman. “Any annoyance will rile them; how you behave now will influence how quickly you’ll be let go.”. Keep your body language open, hands in your lap, arms unfolded. Adopt a flat but friendly tone and don’t mumble. “It’s all about sounding apologetic without admitting guilt.”

Remember, if you were involved in a fight, the other person may well be being questioned in the next cell. “It is your business to be more agreeable and polite than they are,” Freeman says. “However, don’t allow yourself to be drawn into any conversation until your solicitor is present.” You could be dealing with a wannabe Popeye Doyle.

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For a driving offence, don’t lie about mobile phone use. It leaves a digital imprint that can be tracked. Deleted messages can be retrieved. If you’re caught red handed, the smartest play is to stay silent, says Freeman. The onus is on the man across the desk.

“Justice needs to prove your guilt, not your innocence. There is so much protocol, often officers miss it out. If your statutory warning wasn’t read to you, you could be acquitted.”
So smile. Stay quiet. You’ll be out of there in no time.