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PRETT

DISCO

You're Under Arrest

Now What?

by L. J. HERSHKOFF

Recently I have been involved in several criminal cases in which the defendants belatedly retained counsel. Having thus witnesses the injurious effects of self-representation (in all the cases by individuals of aboveaverage intelligence), I have decided to devote my column this month to what you should do if you are arrested for any

reason.

Once you are arrested---either taken into custody or issued, for example, a traffic citation---you are involved in an adversary proceeding with the arresting authority. In other words, no matter how friendly he or she may act, the police officer is not your friend and is not on your side. The police, the prosecutor and the court at this point are all agains: you.

To the cop you're a defendant agains: whom he will probably have to testify. To the prosecutor you're the other side against which he is fighting to win. And, to the judge you're another case over his over-crowded criminal docket. If you don't have counsel they will probably all react in a very friendly manner to you, as your lack of counsel makes life easier for them, But it does not mean that you

will receive any breaks.

Thus, if arrested, the first rule

...

shopping for the right attorney at the right price. Remember, whoever defends you can make a big difference and it's your liberty, not the attorney;s which is on the line.

Of equal importance with get ting an attorney is exercising your right to remain silent. Anything you say and will be used against you. Keep silent, how ever, cannot in any way be used against you in court. Indeed, you should not even tell the friendly officer who buys you a cup of coffee your story at this will lock you into that story. Moreover, while your statement may at the time seem exculpatory, all too often a defendant's statement or off-hand comment ends up being used against the talkative defendant by a sharp prosecutor in ways the defendant never could huve imagined.

Of course, unless it's related to the matters underlying your arres:, you should cooperate with the public to the extend of supplying them with the basic personal data which they need as part of the "booking" pro-

cess, such as your name, address, next of kin and the like. But once having given them this type of data, you dan and should cut off further questioning by simply and politely demanding to see a lawyer before answering any other questions. Moreover, to be safe you should not discuss what happened with your cellmates or anyone else because, to your surprise, the friendly cop or your nice cellmate may just end up testifying at your trial to his recollection of what you told him (in confidence).

The third equally important rule you should follow is, simply, do not resist the arrest and do not antagonize the officer. This is just common sense. Resisting the arrest or antagonizing the policeuvbuld result in additional charges being brought against you and, as even the police would admit happends on occasion, it could also result in physical retribution by the cop who probably believes that he is just doing his job.

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is get yourself an attorney. (If give a gift of health for the holidays

you're indigent at your first ap-

pearance in court you should ask the judge to appoint a law-

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lawyer is your constitutional right.

You should make sure that the attorney regularly does criminal, work because an attorney who handles one or two criminal matters a year just doesn't have the experience and knowledge necessary for him or her to be truly effective in plea-bargaining or in a criminal trial. While you should consult with an attorney as soon as you can following your arrest (and you have the right to make a reasonable number of phone calls in order to find an attorney if you're held in custody) you or your friend

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