An arrest can happen to anyone at anytime and anywhere in the world. However, this is not as dangerous as it may sound to a person that has never faced one. An arrest is like taking and being locked in a dirty, unpleasant and wrong taxi, then you either stop it and move out peacefully or it takes you to another situation that may have you locked in another taxi called jail. Therefore, out of experience we bring you the wise-things to know and do in case you ever face an arrest and want to avoid unfortunate results, these wise-things include:

• Don’t physically resist the arrest;
• Do not panic and politely ask for the reason of the arrest;
• Cooperate with the police or enforcement team (Show your Identification documents, if asked to);
• Silence;
• Think about the contact details of your closest relative or friend you may contact immediately;
• Contact your Lawyer as soon as possible; and  
• Don’t ever feel guilty if you are not.

DON’T PHYSICALLY RESIST THE ARREST

First, never physically challenge the arresting officer/s or enforcement team because it is illegal to physically attack the police or enforcement team and in most cases the police or enforcement team are always stronger, equipped and more skilled than the civilians. Not physically resisting an arrest avoids any unnecessary assaults. Physically resisting the arrest is the main cause of brutal arrests and sometimes leads to the use of unreasonable force during the arrest procedure. It is always wise to not physically challenge the police or enforcement team to avoid unnecessarily assaults and creating the presumption that you are guilty. Therefore, when approached by any official enforcement officer/s, it is wise to not physically resist their confrontation. Avoid physical challenges so that the arrest is not brutal in any way. E.g. Results are always better in cases where civilians don’t physically resist an arrest compared to cases where one physically resists an arrest.

DO NOT PANIC AND POLITELY ASK FOR THE REASON OF THE ARREST

When approached by the police or any enforcement officer/s, always try not to panic in any way, ask for the reason of arrest (this is within your rights). Furthermore, ask the officers whether you can contact your close relative or friend or Lawyer to inform them about the arrest. In case you are allowed to contact any person, try not to waste time and immediately tell the person about the arrest, the location of arrest and that you need a lawyer.  In case you are declined to contact anyone, relax and wait, because you can do this at a later stage for example at the police post/station. It is always important to make sure you don’t panic and to know the reason you have been arrested.

COOPERATE WITH THE POLICE OR ENFORCEMENT OFFICER/S (SHOW YOUR IDENTIFICATION DOCUMENTS, IF ASKED TO)

In the criminal world, Cooperation with the law officer/s, is a sign of innocence, even if one is not innocent. So, it is very wise that during an arrest, you cooperate with the arresting officer/s. Say if they ask for your identification documents, humbly provide them if you have them and if you don’t have them, politely explain where the documents are or the reason why you did not move with them. Or when asked where you are heading-to, politely justify to the officers. Many people have survived to be pinned by the law because of their cooperation during arrests or even after the arrest. Cooperation creates natural rapport between you and the arresting officer/s, this makes a win for you because you will be presumed innocent and good citizen because of your cooperation. This must also be maintained even in circumstances when you think or feel that your rights have been violated or infringed, because you can later follow-up and report the breach or infringement accordingly.

SILENCE

Many victims forget that silence is a right and saves you from incriminating your-self. During an arrest, always avoid to mention unnecessary things that may be used against you. But how can one know what is necessary an unnecessary to mention, this can only be defined by a legal mind or your lawyer. So, without your lawyer, always avoid to mention anything that you think is harmful or unnecessary, because some time what you say or do during the arrest may be incriminating or may be used against you, when the matter proceeds for further-investigation or in the courts of law. Silence is your right, when asked something you feel uncomfortable to talk about, humbly ask the officer/s that you prefer to answer the question in presence of your lawyer.

THINK ABOUT THE CONTACT DETAILS OF YOUR CLOSEST RELATIVE OR FRIEND TO BE CONTACTED IMMEDIATELY

Any wise-adult must memorize a relative’s or a friend’s phone number, because in such unexpected situations like arrests, it’s when your memory may have to save the situation by contacting your close relative of friend and inform them about the arrest and location it has occurred. In case given an opportunity to contact a person, always start with the reason of the call and location of the arrest. Inform the relative or friend to involve a lawyer as soon as possible, because the sooner you engage a lawyer, the better and safer for your rights not to be breached at any stage of the procedure.   

CONTACT YOUR LAWYER AS SOON AS POSSIBLE

If unfortunately, you are held under arrest, ask the officer/s that you contact your lawyer to be involved as soon as possible, in case you don’t have or you have never engaged lawyer, contact a relative or a friend to get you a lawyer as soon as possible. Lawyers are knowledgeable about such procedures, in case involved at an early stage your rights are safe compared to situations when you engage a lawyer when it is a bit late and the situation has been ruined by your actions e.g. illegal/unnecessary confession, poor negotiations and e.t.c.  Contacting and involving a lawyer will make the case or matter move smoothly and within the limits of the law.

DON’T EVER FEEL GUILTY IF YOU ARE NOT

Many people get it wrong that if you are arrested you are guilty, this is wrong because the law is always on your side, that’s why the law clearly provides that even if arrested, you are presumed innocent until proven guilty. Never feel guilty because of a mere arrest and more so if at the back of your mind you clearly know that you didn’t commit any crime. Therefore, in case of any arrest stay positive, feel innocent and contact your lawyer to handle the matter/case for you. What must be understood, is that sometimes you may be arrested with just probable evidence or just a mistake of facts and that does not mean that there is conclusive evidence that will lead to a conviction. Positive thinking and hope will keep you strong and help you understand what is going on, and when you are strong and thinking positively, it will greatly assist you and your lawyer to figure out how to successfully deal with the matter/case.

Hence, Don’t physically resist the arrest, Do not panic and politely ask for the reason of the arrest, Cooperate with the police or enforcement team (Show your Identification documents, if asked to), Silence, Think about the contact details of your closest relative or friend to be contact immediately, Contact your Lawyer as soon as possible and Don’t ever feel guilty if you are not

Author: Advocate KALLAGI Arnold

Email: advocatekallagi@gmail.com

Tel: +250787337024 (WhatsApp )

Website: http://opt-law.com/.