How to Avoid Self-Incrimination: What to Say and Do During a Michigan Arrest

Being arrested in Michigan is a stressful and intimidating experience. In the heat of the moment, it’s easy to say or do something that could inadvertently harm your case. Understanding your rights and avoiding self-incrimination during an arrest is essential to protecting your future.

At Ben Hall Law, our East Lansing criminal defense lawyer has seen how critical these moments can be for a defendant’s case. Here’s what you need to know about protecting yourself during an arrest.

Understand Your Rights

When you’re arrested, law enforcement is required to inform you of your Miranda rights, which include:

• The right to remain silent.
• The right to an attorney.
• The warning that anything you say can and will be used against you in court.

These rights are your first line of defense against self-incrimination. Take them seriously and exercise them.

What to Say: Keep It Minimal

It’s natural to want to explain yourself or clarify a misunderstanding, but speaking too freely during an arrest can backfire. Instead, look to the following guidelines.

Provide Basic Information

• Share your name, address, and identification if asked.
• Beyond that, politely decline to answer further questions.

Invoke Your Right to Silence

• State, “I am exercising my right to remain silent.”
• Avoid making statements like, “I didn’t do anything wrong” or “This is a mistake,” as they could be misinterpreted.

Request an Attorney

• Say, “I would like to speak to my attorney before answering any questions.”

Once you request legal counsel, law enforcement should stop questioning you until your attorney is present.

What Not to Say: Avoid These Pitfalls

Knowing what not to say is just as important as knowing your rights. Avoiding these common pitfalls can make a significant difference in the outcome of your case.

Do Not Admit Fault or Apologize

• Even casual statements like, “I didn’t mean to,” or “I’m sorry” can be construed as admissions of guilt.

Do Not Answer Questions Without Legal Counsel

• Police officers are trained to ask questions designed to elicit incriminating responses. Even if the question seems harmless, your answer could hurt your defense.

Do Not Argue or Resist

• Stay calm and polite. Resisting arrest or arguing with officers can lead to additional charges.

Why It Matters

Michigan law enforcement takes self-incriminating statements seriously, and they can profoundly impact your case. Even a careless comment can be used as evidence against you in court. Knowing your rights and acting carefully during an arrest can avoid unnecessary complications and set the stage for a strong defense.

What to Do: Actions That Protect Your Rights

Losing your temper or acting aggressively can escalate the situation and lead to further complications. Instead, stay calm and composed and write down or record what happened during your arrest as soon as possible, including the officer’s behavior and statements. This information can be valuable for your defense. Then, contact our experienced criminal defense attorney in East Lansing.

At Ben Hall Law, we understand how overwhelming an arrest can be. We are here to guide you through the legal process, protect your rights, and fight for the best possible outcome in your case. The sooner you involve us, the better your chances of building a strong defense.

Call 877-BEN-HALL (877)-236-4255 or contact us online. Your fight is our fight. Let’s get started.

 

Related Links:

• Why It’s Important to Contact a Michigan Criminal Defense Attorney Directly After Your Arrest
• What Should I Do If There is a Warrant for My Arrest in Michigan?