What to Do When Being Arrested and Detained by Police: Knowing Your Rights 

Being stopped by police can be stressful and nerve-racking, especially if you have never found yourself in such a position before. It can be hard to know what’s right from wrong when you’re having a hard time thinking straight. Of course, you should always remain as calm and collected as possible in order to keep things straight, but if things escalate it is important to know what you can do and where your rights stand as a civilian. We’re here to help by outlining the most important things to keep in mind when being arrested by police. 

Make It Known that You Wish to Remain Silent

Although you may already be familiar with this right, it is one of the most powerful rights you have. The fact that whatever you say can be held against you in court can either make or break your case. You can have some control of the case when you decide to exercise your right of staying silent and making it known to the police. 

Ask for a Lawyer Immediately 

One thing you should make note of when being arrested is that you wish to have a lawyer appointed to you immediately. With that being said, you can hold off on speaking until you have a lawyer in your presence. A lawyer can help you understand what you should and should not do while you are being detained once they are appointed to you. 

Make a Local Phone Call

When you are being detained, you have the right to make a phone call and police officers are not allowed to listen to what you are saying while on said call. You can either use this call to contact a lawyer (if there is one in specific you want to work with) or a family member. Do not hesitate or be afraid to ask for a phone call. 

Stay Calm and Comply as Much as Possible

When being arrested, it is best to comply as much as you can in order to prevent problems from worsening. Do not lie if you wish to speak and do not attempt to run away or resist. This will only worsen the situation and they could hold more charges against you. Staying calm, as challenging as it can be, is the best thing you can do for yourself. 

If you believe your rights were violated…

The abuse of power is something that can definitely happen. In these instances, your rights were not completely respected during the arrest and detainment. Things can easily get out of hand when force is used, so if this happened to you, we highly recommend taking up the following immediately after the incident:

Make note of everything that happened

Try to recall how everything happened from the point that things got out of hand to the point where you reached the police station. It is also good to try to remember how many officers there were, what exactly they were saying, the amount of force used, patrol car numbers (if possible), etc. All of these little details are really helpful when found in these situations. It would also be good to get contact information from witnesses if you can reach out. 

Take pictures if injured 

If you have any injuries, no matter how big or small, take pictures as soon as you can. The more recent the injury is, the better piece of evidence it makes. It is also good to collect medical documents and records when seeking medical attention because they also make good pieces of evidence. You can also mention how these injuries are affecting your work and personal life and how exactly injuries happened. The case is more likely to turn in your favor when you can provide adequate proof and evidence. 

File a written complaint 

It is crucial that you do the most for yourself if you feel that your rights have been violated. Take it up to the supes, file the complaint and be very clear with why you are unhappy with your arrest. Make it known that you have rights and that you are entitled to them, no matter what your arrest was for. 

Contact The Law Office of W. Shane Jennings, Today

W. Shane Jennings specializes in criminal law, which is why our law office is your best choice. If you have recently been arrested or charged with a crime, do not wait. Contact us today so we can get started on your case right away. 

 

A lawyer meeting with a client to discuss the details of criminal defense

What to Expect After a Criminal Charge: The Immediacy of Defense

The presumption of innocence is an axiom within United States law. Although it’s not cited explicitly within our Constitution, the presumption of innocence is foundational to the Fifth, Sixth, and Fourteenth Amendments and for our nation’s legal system at large. This means those who are charged with crimes, from class C misdemeanors to federal felonies, are all presumed innocent.

If you or a loved one has been charged with a criminal offense, your world may feel as if it’s been flipped upside down. But it’s crucial to understand that you’re not alone. Attorney W. Shane Jennings provides criminal defense services to individuals in the Southern New Mexico region. Call today to schedule a consultation.

Don’t Go It Alone, Team Up With a Criminal Defense Lawyer

As a criminal defense office, we have dealt with cases ranging from DWI charges to aggravated assault and everything in between. We understand that the clock starts ticking as soon as you receive your criminal charge. As such, we’ve outlined what you might expect from the criminal defense journey. Remember, everyone is innocent until proven guilty, not the other way around. The sooner you reach out to us, the sooner we can get to work on your defense. Our goal is to secure dismissals, acquittals, lesser charges, or deferred sentences. 

Part 1: You’re Arrested and Charged with a Criminal Offense

This is where it all begins. Typically, a police officer will arrest an individual after he/she is witnessed committing a crime. Police officers may also arrest individuals if they have probable cause that the individual committed a crime or if the officer is under authority of a valid arrest warrant. Upon completing the booking process, the arrested individual will be placed in custody. 

Your first appearance in court will be during the arraignment. If, upon your arrest, you receive a notice of arraignment, then you should contact the Law Office of W. Shane Jennings immediately. This way, we will be able to discuss the state’s laws as well as what you should expect from the entire process. We’ll delve a bit deeper into this process in the next step.

Bail may also be set, which the arrested individual must pay in order to be released while awaiting trial. This is not something you can simply pay to get out of; you still need to appear in court on the designated date. Bail release is built around the arrested individual’s promise to appear at every court proceeding. Bail may be granted as soon as the booking is complete or it may be granted later on during a bail hearing.  

Part 2: You Contact Our Law Office

Building a legal defense is crucial, no matter the severity of your criminal charges. This process should be initiated as quickly as possible. If your loved one has been arrested and charged with a criminal offense, you can get the ball rolling by contacting our law office as soon as possible. If you’re out on bail and you’re reading this article, then give us a call as well. Upon contacting our law office, you’ll go through an initial consultation during which we’ll go over the details pertaining to your case. If you believe our services will be beneficial to you, we will begin work on building your defense. No matter the severity of your charges, we will work diligently to find a possible solution. 

More often than not, criminal defense lawyers strive to have the entire case dismissed. If this is achieved, you won’t face a conviction. Although the case is dismissed, it will still remain on your criminal record. In order to counteract this, you’ll have to have your case expunged or sealed. If your case is not dismissed, then your criminal defense lawyer will attempt to obtain a plea, lesser charges, or a deferred sentence. This is why working with a criminal defense lawyer is crucial, especially when it comes to serious criminal charges. Since we know the intricacies of criminal law, we’re able to find solutions to the issues at hand. Simply put, we’ll take care of the hard work.

Part 3: The Trial and Sentencing

Your trial will be the event in which your presumed innocence is put into question. As a defendant, the judge and jury of your peers will find you either guilty or not guilty of the criminal charge or charges you’re facing. Here is where all our hard work will come into play. As your criminal defense attorney, W. Shane Jennings will build a defense that will cast doubt within the judge and/or jury regarding the evidence and charges presented against you, the defendant. The final decision, however, is in the hands of the judge or jury. 

As far as sentencing goes, the court will determine an appropriate punishment for the defendant. There are many details that determine a sentence. Everything from the nature and severity of the crime to the defendant’s degree of remorse will be taken into consideration. 

Contact the Law Office of W. Shane Jennings, Today

If you or a loved one are facing a criminal charge, don’t let another second pass by. Contact the Law Office of W. Shane Jennings today so we can get started on building your defense. We understand the immediacy of the situation at hand and we’re here to guide the way. If you have any questions about what to expect from the legal process, then reach out to us. We’re ready to help.  

the statue of justice

Why It’s Time to Team Up with A Criminal Defense Lawyer

If you’ve been charged with a felony or misdemeanor, your world is more than likely spinning out of control. In times like these, you need a criminal defense lawyer to tether you to reality. The Law Office of W. Shane Jennings proudly serves the Southern New Mexico region, continuously providing high-quality criminal defense assistance. But what exactly does a criminal defense lawyer do and why is it necessary to team up with a law firm? We’ve got the answers, right here!

Your Criminal Defense Lawyer Understands Exactly What You’re Going Through

More often than not, people who get charged with a crime feel as if they’re completely alone. These situations must be dealt with the utmost care and that’s exactly why it’s in your best interest to team up with an experienced legal team. Your criminal defense lawyer will steady you throughout the entire legal process. Mr. Jennings will accomplish this by explaining the situation and answering any burning questions you may have. From there, he will get to work on your case. After all, it’s Mr. Jennings’ job to steer the ship, all while anchoring you to the present moment. Misdemeanors and felonies, especially, should be handled with a deft hand. Your criminal defense lawyer will provide the guidance your case deserves.

Your Criminal Defense Lawyer Will Devote Himself to Your Case

When it comes to criminal cases, it’s crucial to be aware of the most minute details. This is where Attorney W. Shane Jennings excels. No stone will be left unturned. He is well-known throughout the New Mexico area for his knack for detail. This trait has given Mr. Jennings the ability to discover unique details and aspects which he can later bring up in court for your benefit. Mr. Jennings has thousands of hours of experience in courtroom time. This means he can guide your case on the correct path. He will be with you every step of the way. You’ll be able to rest easy knowing your case is in good hands.

Contact W. Shane Jennings, Today!

If you’re facing criminal charges, contact the Law Office of W. Shane Jennings. Attorney W. Shane Jennings and his team are ready to help with your case. The sooner you reach out to us, the sooner we’ll be able to get to work. You deserve a hard-working legal defender, attorney W. Shane Jennings can provide this and so much more. Contact us today to learn more about what we can do to help.