Detained by Law Enforcement?
Anthony J. Solare and Alexis L. Scott are Criminal Defense Attorneys in San Diego servicing all of Southern California.
We Give Them Guns, Tell Them They Can Use Them!
That’s all you really need to know when choosing how to act when interacting with law enforcement. If you think about it, the authority and discretion that we give to police officers is broad, subjective and can be more than a little. Not surprisingly, this power can go to some officer’s heads, can sometimes, particularly in emotionally-charged confrontations. Regardless of situation, however, a good San Diego Criminal Defense Attorney will counsel their clients to be respectful and compliant with an officer’s instructions. It is a very rare occasion where the arrestee comes out ahead in a confrontation with an officer. That’s not to say you do not have recourse if they overstep their authority but you it’s not out on the street.
Here’s what we do recommend if you find yourself confronted with an unreasonable officer. First, the less you say, the better, nothing almost always being the best! The only thing you see on TV and in movies that’s 100% accurate about criminal justice is “everything you say can and will be used against you.” Your energy is better spent focusing on and remembering the officer’s actions to the best of your ability. Second, do what they instruct, even if it seems illogical or unconstitutional. Again, you will have ways to address misconduct but if you fight with them either verbally or worse, physically, you are likely to be charged with resisting arrest or interfering with an officer, something that could seriously diminish the credibility of your misconduct claim. Next, as soon as you can after the incident, write out a detailed account of what occurred. You would be doing this for the same reason police write their reports: it may be weeks or months before you are called upon to discuss or testify about what happened. Looking at your written account later will be very helpful for you to refresh your recollection of what occurred.
The most important thing to do if this happens is to call us immediately. The Criminal Defense Attorneys at Solare & Scott are very experienced with such cases. As a former prosecutor, Mr. Solare is intimately aware of how police are supposed to behave and what to do when they do not. So if you or someone you know is facing this issue, call us today for a free consultation. Once retained, we will do our best to protect your interests and assure that justice is done.