An arrest for a crime is one of the most frightening of all events. You may not realize that keeping thorough records of what occurred could be critical to avoiding a conviction. As a defendant, you have rights, which include the right to remain silent, and the right to an attorney. Ensure you exercise these rights, and keep notes about everything that occurred, including what was said to you by law enforcement or an investigator. Do not resist the arrest or try to explain how you are not guilty of the offense – this can lead to added charges or complicate your defense.
What to Write Down After an Arrest
After an arrest, ensure you write down exactly what occurred in the incident, down to the details. Keep a written record of the following:
- The law enforcement officer’s badge number and name.
- The law enforcement agency arresting you, whether the San Diego Sheriff’s Department, San Diego Police Department, Chula Vista Police Department, Riverside Police Department, or other San Diego County city police agency.
- The patrol car number.
- What the police said to you during and after the arrest, as accurately as you can remember.
- Whether you were read your Miranda rights.
- A thorough description of any rough treatment by the officers.
- Take photos of any injuries inflicted on you by police at the time or after your arrest, or after your arrest.
- Obtain the names and phone numbers of any witnesses to what occurred.
Cases of Police Misconduct or Brutality
If you were treated in an aggressive manner and suffered any injuries, take photos of the injuries, as you may be a victim of police brutality, which gives you the right to file a complaint. While we all hope that police officers will be fair when performing an arrest, and recognize that under the law, you are innocent until proven guilty, some officers may overstep the bounds of the law, and when they do, they must be held accountable.
Medical Records
If you suffered injuries during an arrest and needed medical treatment, obtain your medical records. To do so, you can call the healthcare provider and request a copy of the record. If you need the records mailed to you or they are at a local hospital, you will be asked to sign a medical authorization release first.
Illegal Police Stops
Under the Fourth Amendment of the US Constitution, law enforcement must have “probable cause” to stop you. However, even a broken tail light could lead to a legal stop, which escalates into something far more dangerous. Racial profiling is illegal – that does not mean it doesn’t happen. If you are stopped by law enforcement, you are not required to answer any questions about where you are going, what you are doing, or consent to having your person or your vehicle searched – that requires a warrant.
The police can pat you down if they believe you are carrying a weapon. If the officer searched you or your property without your consent, ensure you write down the details of what occurred, which can be a critical point in defending your case – evidence illegally obtained is typically thrown out of court, often along with the charges.
Do not resist arrest, argue, try to run, or act in a threatening manner. Be respectful, exercise your right to remain silent, and after your arrest, contact Balboa Bail Bonds to help you get released.
At Balboa Bail Bonds, our entire team is made up of professionals that know the system and work fast to arrange a bail bond agreement with you or through your family. Once released, immediately write down what occurred while it is fresh in your memory. That record could be critical to your defense.
Bail Bondsman in San Diego County
Need a bail bondsman to help you get released from custody? Call Balboa Bail Bonds at (619) 760-2222. We are ready to help 24 hours a day, 7 days a week, every day of the year.