Being arrested can be a very frightening and confusing experience. Knowing what your rights are at least gives you some guidelines to follow. If you are arrested on suspicion of committing a crime, probably the most important thing for you to remember is, you do not have to say anything about the alleged crime.

The police are required by law to inform you of your constitutional rights if they are going to question you. They must tell you that you have the right not to answer any question or make any statement because your answers or statements may be used against you in a court of law. Remember that you do not have to submit to questioning, and that in the eyes of the law you are presumed innocent until found guilty in court. Blurting out statements to the police at the time of your arrest can hurt your case. Even if you are not guilty and want to tell the police everything you know so that you will be cleared of all charges, you may be better off contacting an attorney first and letting him do your talking for you.

Tell the police you want a lawyer. This is your legal right and you should ask for a lawyer immediately. The police have to let you call your own lawyer, if you can afford one, or the court has to appoint an attorney to handle your case, if you cannot afford one. Your own lawyer may be able to get to your case sooner, but a court appointed attorney will also act in your best interests.

Call the lawyer before you call the bailbondsman. A lawyer may be able to get you out of jail on your own recognizance--this means you don't have to put up bail but you must promise to appear in court at the appointed time for your trial. You'll have to pay the attorney a retainer fee-a sum of money that makes your agreement with him for his services binding--but you may avoid paying for a bail bond.

You can serve as your own attorney, that is, defend yourself in court under the legal rights granted by the constitution. However, even lawyers and judges, if they are accused of crimes, usually hire lawyers to defend them.

If you should decide that you must answer some questions the police ask before you call an attorney, just remember to always tell the truth. If nothing else, a lie can be used against you in court to show that you are a person who will tell lies to get himself out of trouble.

Don't try to make bargains with the police. Trying to bribe an arresting officer or to resist arrest are other offenses you can be charged with. On the other hand, the police can promise to take it easy if you'll cooperate and answer their questions, but a verbal agreement doesn't mean anything. The police do not have the authority to make deals. It's up to your attorney to negotiate with the prosecuting attorney if your case reaches that point. In the meantime, if a deal is offered by the police, which rarely happens, get it in writing or don't agree to it.

Remember--you are protected by the constitutions of the United States and of the state of Tennessee. You don't have to answer any questions, and you have the right to demand an attorney as soon as you are arrested. You also have the right to make one phone call. Use that call to contact your lawyer, or call family or friends to get a lawyer for you. Don't say or do anything that could possibly be used against you. Your silence can never be used against you in a trial.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.