Being arrested can be the single most terrifying experience a person can go through. Spending time in a jail cell is traumatic to say the least. After release there are things you should and should not do, here they are:
1. Do not speak to any detective or investigator who may call you to get a follow up statement. It is common, particularly in domestic violence cases, for a detective to contact you to get “your side of the story”. Resist this at all costs. The purpose of this interview is not to vindicate you, rather they are instructed to get a full statement from you by the District Attorney in order to pin you down to a factual scenario that can later be brought up to impeach you in Court.
2. Do not try to contact the alleged victim to “work things out”. In many cases it is a crime to contact an alleged victim, particularly in domestic violence cases if there is a protective order issued. Hiring an attorney is the smarter approach, he can arrange to interview the individual and resolve the case if possible.
3. Do write down in detail the events while they are still fresh in your mind. Document any witnesses, take photographs of any injuries or other evidence that will dissipate over time. Keep this in a safe place and turn it over to your lawyer as soon as possible.
4. Retain a criminal defense attorney as soon as possible. There are certain defenses that require early planning and there are strategies that can be employed to ensure a more favorable resolution to your case. In many instances the case can be resolved by having your attorney reach out to the DA before the case gets into Court.
The bottom line is that there are things that you can and should do instead of burying your head in the sand and hoping the incident will go away.
Matthew Ruff, Criminal Defense Attorney 