Introduction
Being arrested is stressful. Even if you think the officer has made a mistake regarding any of the above, resisting or arguing is not in your best interests. Understand your rights when arrested, so you can stay calm and not inadvertently make things worse.
Dos and Don’ts
Stay calm! It is important for you to understand your rights. These rights may be able to protect you only if you use them. They include:
- Right to know the reason(s) for your arrest.
- Take note of the law enforcement officer’s name, badge number, and his/her office.
- Right to remain silent. Apart from providing your name and address to the law enforcement officer, you are allowed to refuse to answer any other questions. (It can be challenging to remain silent when faced with questioning. However, you can reply by saying, “I don’t want to talk.” The prosecution cannot establish any assumption of guilt due to you exercising your right of silence or refusal to talk).
- Right to inform your family and/or friend (it is advisable to inform someone who can provide you with support in terms of “time” and “money”, as you may need their help to contact a lawyer or arrange for bail).
- Right to request a list of solicitors and reach out a lawyer. Taking cautioned statements with arrested persons and/or applying for bail are routine tasks for a criminal defence lawyer. An experienced criminal defense lawyer can effectively safeguard your personal interests.
- Right to request drinking water, food, rest, and bathroom breaks (the detention period can last up to 48 hours).
- Right to request medical attention if you are feeling unwell or injured.
- You are allowed to refuse to sign any documents.
- Right to apply for bail.
- Right to request a copy of the statement taken from the law enforcement officer.
- Do not offer your phone password. An officer might ask you to turn over your cell phone upon arrest. It is a good idea to lock your phone or turn it off before turning it over. In most situations, an officer cannot force you to unlock your phone.
- Do not resist arrest.
Additionally, it is advisable to note the time of the process. In the event that you need to file a complaint against a law enforcement officer, time and location will be crucial information.
Other Points to Note
What should you do if a law enforcement officer says, “Admitting to the matter would be the simplest way to solve the problem! You would be released, and the penalty will be just $300!”
In the event that an officer tries to persuade or induce you to make any form of admission, for whatever reasons, when you have not committed an offence or are uncertain about the charge(s), it is advisable to insist on not making any statements or admission, and ask for a lawyer. Further, an officer does not have the right to determine the penalty in the event that you were found guilty of a crime.
Being arrested is stressful. People want to go home and think if they just explain the situation or co-operate, the law enforcement officer will let them go. Do not try to talk your way out, or make any decisions about your case, without first talking to a lawyer.
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Ariel Kong, Trainee Solicitor
(E: Arielkong@hkytl.com T: +852 3468 7358)
Alfred Leung, Partner
(E: alfredleung@hkytl.com T: +852 3468 7202)
This article is introductory in nature. Its content is current at the date of publication. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice based on your specific circumstances before taking any action relating to matters covered by this article. Some information may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.
