What Not to Do

Lawrence, Kansas, Criminal Defense Attorney


Charged With a Crime? Know What Not to Do or Say if Approached or Arrested by Police
Not every police encounter in negative. There are many reasons why you might be stopped or approached by the police. You might be approached by an officer if you fit the description of a suspect, are in an area where a crime recently occurred, or are believed to have witnessed a crime. You may also be approach if you appear to be in need of assistance.


Whatever the reason an officer decides to speak to you, your reaction and the extent of your cooperation can influence how long you’re detained. If you have been involved in criminal action, speaking with an experienced criminal defense lawyer before making a statement to the police may protect your rights and options for defense.


Attorney Sarah G. Swain, of The Swain Law Office, provides aggressive defense to Northeast Kansas individuals under investigation or under arrest for a crime. Contact The Swain Law Office to arrange a free consultation.

If you have been approached by a law enforcement officer, do not:


  • Refuse to cooperate, at least during initial questioning to determine the purpose of the inquiry
  • Argue or display anger or frustration
  • Make any sudden moves or hide your hands
  • Overreact — you are innocent until proven guilty in a court of law.
  • Forget that you have the right to refuse a search of your vehicle and/or any property in your possession
  • Threaten or become hostile toward the officer
  • Get out of the car, unless instructed to do so
  • Talk to the police or answer any direct questions regarding any possible wrongdoing on your part until your attorney is present

If you are being held or have been arrested by the police, do not:


  • Forget that you should be given your Miranda rights
  • Forget what you have talked about with the officer
  • Say something or write something down that you’ll regret later
  • Presume the arresting officer is telling the truth
  • Try to make a deal with the police
  • Automatically answer every question you are asked
  • Think that you can talk your way out of police custody without an attorney



Put a Strong Advocate on Your Side
If you’ve been detained or arrested, you should act quickly to protect your rights and ensure a strong defense. Contact The Swain Law Office. We offer a free consultation and are available to meet with you in jail or prison, if necessary.


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Criminal Law

Know your rights. Don’t make these mistakes when you are charged with a crime.

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