The last thing anyone wants is confrontation with the police that could lead to a surprise arrest. Arrests happen every day in real life, in the media, and in popular TV shows, but have you ever stopped to think “What actually makes a lawful arrest?” or “What should I do if I get arrested?” It’s important to know your rights when dealing with police and what you are legally responsible for.

This pamphlet from the Ohio State Bar Association contains the basics, but always ask an attorney the best course of legal action.

What To Do During a Police Stop (Not Driving)

Know that you have the right to leave if stopped by police on the street. Be sure to ask “Am I being detained?” or “Am I free to leave?” You should ask this multiple times during the encounter, and if they say you are free to leave, calmly walk away immediately.

It is always important to remember:

• Do not argue with the police. Guilt or innocence will be addressed in court if necessary
• Do not reach for or touch the police
• Do not resist if being arrested or detained: Even if you did not do anything, resisting arrest can lead to further criminal charges or injury

If you end having any kind of chemical, urinary, or blood testing for drugs and alcohol done by law enforcement, don’t panic. Our Attorneys are skilled in challenging OVI Evidence presented.

The Right to Remain Silent

Even if you have not been read your Miranda Rights, you still have the right to remain silent. You do not have to answer any questions beyond your name, address, and date of birth. After you answer these questions, you may clearly state that you choose to remain silent.

After stating you are remaining silent, DO NOT continue to speak. Never lie to the police. You do not have to:

• Give a statement about what you witnessed
• Provide information on what you or anyone else was suspected of doing

The police are allowed to press you for information after you choose to remain silent. They are allowed to lie to you to try and get more information, but remember, you have the right to remain silent.

If you are a student demonstrating your speech rights, be mindful of the limited speech rights you have when on campus, versus off campus. It’s important to know the difference of how you can and cannot demonstrate your rights.

The Right to Refuse a Search

There are general exceptions to this rule when it comes to police searches. If you verbally state that you do not consent to searches, a police officer still has a right to protect themselves by conducting a “pat down” to check for weapons without your consent.

• If an officer has probable cause to believe your vehicle may be traveling with criminal evidence, controlled substances, etc. they may search your vehicle
• If the police show up at your home or place of work with a search warrant signed by a judge, they must provide a copy and can conduct a search without your consent

Fear of Arrest? Wicktora & Miller will Fight for You!

If you have been charged with a crime, Wicktora & Miller is here to help. Attorney Brien Miller has fought for hundreds of people in the Cincinnati Area and is ready to do the same for you. You may even qualify for a diversion program. Give us a call at (513)318-9981 to see what we can do for you.