Your Premier Defense Attorneys in the San Diego Area

At Flemming Law, we have a pillar in our logo because we support our clients through some of the most challenging times of their lives.

Being arrested or charged with a crime can be frightening and overwhelming, mainly when your case is shrouded in a confusing process that makes it difficult to obtain answers. Whether you, a family member, or a close friend are being investigated for a crime, have been charged with a crime for the first time, or are someone whom the Police seem to target, contact Flemming Law for a free consultation.

San Diego’s Newest Premier Defense Firm

Here is our best advice for behavior that can help your case the most when arrested:

First, be firm but respectful: No doubt about it, a criminal arrest can make you angry, scared, confused, and defensive all at the same time. Yet, getting upset at the arresting officer will only make matters worse. It will lead the officer to treat you unfairly and could result in additional charges.

Instead, remain firm but calm. Do NOT allow the officers to coax you into saying anything disrespectful or aggressive. Under NO CIRCUMSTANCE should you threaten the officer with physical gestures or make threats of violence. Things as little as clinching your body, refusing to answer questions, or refusing to be handcuffed are all actions that could be a basis for an additional resisting arrest or disobeying an Executive Officer allegation. And making threats of violence or fighting with officers can lead to much more serious charges.

Instead, be fully cooperative, allow the officer to do his or her job, and save any complaints for your attorney.

Next, no matter what, REMAIN SILENT:

When being arrested, the officer will undoubtedly tell you that “You have the right to remain silent” as part of the Miranda warning, which you may hear when an officer “reads you your rights” during an arrest. Not all Officers will read you your rights immediately. So remember, you do not have to answer the officer’s questions. You don’t have to tell your side of the story. In fact, you do not have to say anything at all, even if the officer implies that he is going to release you. The statement the officer takes from you will be put into his report to be used against you later. Instead, RESPECTFULLY tell the officer that you do not want to answer any questions or discuss the charges or case without your lawyer.

Third, don’t talk about your case to your family or others who have been arrested:

Often, the police will allow you to make a call. Most people under arrest don’t realize that the call is being recorded (to be used against you). Often, people call their siblings, spouses, or friends to seek help, bailing out and giving pertinent facts about their case. Unfortunately, the police then send that recording to the District Attorney to help prosecute you. The police also conduct Perkins Operations, whereby they might put an informant in a holding cell with you who will attempt to discuss your arrest to illicit information that the government can use to prosecute you.

Call Flemming Law:

After an arrest, the most important step is to hire a capable a seasoned Criminal Defense Attorney the moment the officer takes you into custody. So that you can protect your freedom and rights that you can pursue the most favorable outcome possible for your unique legal situation.