Getting arrested is a terrifying experience. Your heart races, your mind spins and you may not know what you should do next. During this time, understanding and exercising your rights can make a significant difference in legally protecting yourself. Whether it is in West Virginia or anywhere else, knowing how to assert these rights ensures fair treatment under the law.
Stay calm and remain silent
The moment the police arrest you, invoke your right to remain silent. This right comes from the Fifth Amendment to the U.S. Constitution and the law requires arresting officers to tell you this before they question you while in custody.
Clearly state your wish to remain silent, as simply not saying anything is not enough. Anything that you say can and will be used against you, so it is best to wait for your legal representative before making any statements.
Stay calm and avoid resisting, even if you feel the arrest is unjust. Resisting could bring more charges and unnecessary trouble.
Request an attorney as soon as possible
You have the right to legal counsel, and if you cannot afford an attorney, the court appoints a public defender to represent you.
Your lawyer will guide you through the legal process, protect you from self-incrimination and work to secure the best possible outcome for your situation, particularly in criminal cases. Do not be afraid to provide your attorney with all the information they request.
What happens next
After your arrest, officers take you through booking and processing. During this time, you may have to wait in a holding cell until your initial hearing or arraignment.
An arrest does not mean you are guilty. Everyone has the right to a fair legal process from the beginning. Once you have hired an attorney, they will guide you through each step and explain what to expect.
