Getting arrested is never a pleasant experience, no matter the circumstances. The stress, adrenaline, and confusion can make it easy for anyone—even the most level-headed person—to make impulsive decisions. As a criminal defense attorney practicing in North Carolina, I’ve seen people make many mistakes during arrests that end up hurting their cases later. Below is my personal list of the top ten “no-nos” when getting arrested, drawn from real situations with clients. By avoiding these pitfalls, you stand a better chance of protecting your rights and your future.
1. Don’t Resist Arrest
The moment the handcuffs come out, it’s a done deal. Arguing or physically resisting won’t change the officer’s mind; it will only make things harder for you. Resisting arrest can lead to additional charges and injuries, and it almost never ends well. North Carolina law, like the laws in most states, treats resisting arrest as a separate offense. Even if you feel the arrest is unjust, cooperate in the moment and let your defense attorney handle the legality later.
2. Don’t Try To “Explain Yourself”
Whether it’s the ride to the station or the initial encounter, it’s tempting to try and talk your way out of trouble. However, officers typically record conversations, especially during transport. Any statement, however innocent, can be used against you in court. In North Carolina, as elsewhere, your words can be twisted or taken out of context to bolster the prosecution’s case. Stay calm and remain silent until you have legal counsel by your side.
3. Don’t Refuse the Intoxilyzer Test
If you’re being arrested for driving while impaired (DWI), refusing the breath test can have serious consequences. North Carolina follows “implied consent” laws, meaning that by driving on public roads, you implicitly agree to submit to chemical testing if lawfully arrested on suspicion of DWI. A refusal leads to an automatic license revocation and can complicate your defense strategy. Often, dealing with a high test result is less detrimental than fighting the penalties of a refusal.
4. Do Exercise Your Right to Remain Silent
There is no magic explanation that will make the police suddenly change their minds and let you go. Once you’re under arrest, your focus should be on not incriminating yourself any further. Politely state you will remain silent until your attorney is present. Keep in mind that “remaining silent” should be consistent: if you start talking again, you may inadvertently waive your previously asserted right.
5. Don’t Threaten to Sue Everyone
Threatening the officer, the department, or the entire legal system usually backfires. These threats do nothing to help your case and often provoke a more aggressive response. If you believe your rights are being violated, calmly request a lawyer. The time to discuss lawsuits or potential civil claims will come later, with proper legal advice and in the appropriate forum.
6. Don’t Refuse to Provide Routine Booking Information
While you have a right to remain silent regarding the details of your case, refusing to provide your correct name or basic identifying information during booking can lead to additional charges. In North Carolina, providing false identifying information can turn a single offense into multiple problems. You don’t want to make things worse simply by refusing to give your name.
7. Don’t Shout “I’m Drunk!”
Announcing your state of intoxication at the top of your lungs might feel cathartic, but it can be taken as an admission of guilt—especially if you’re facing DWI or other alcohol-related charges. It’s essentially handing the prosecution a ready-made statement to use against you in court.
8. Don’t Ask Officers To “Look the Other Way” for Money
Not only is this considered bribery, but it can also lead to felony charges. Police officers are obligated to report such attempts. Offering or suggesting money to avoid legal consequences often results in a bigger legal mess than the one you were originally in.
9. Don’t Make Sarcastic Jokes or Insults
Showing anger toward the arresting officer—or insulting their intelligence, weight, or authority—can escalate the situation and influence how you’re treated. Judges in North Carolina (and elsewhere) also tend to frown upon disrespectful conduct when it comes to sentencing. Staying respectful may not guarantee better treatment, but it certainly helps avoid unnecessary complications.
10. Don’t Name-Drop or Threaten Legal Action
Telling the officer you know some big-shot lawyer or threatening to bring a lawsuit against them usually doesn’t scare anyone. Police officers have heard it all, and these remarks rarely deter them from doing their job. If anything, such threats can motivate them to be more thorough in collecting evidence against you.
Final Thoughts
So, what is the biggest no-no when being arrested? In truth, any one of these ten mistakes can significantly damage your defense, but if there’s one overarching rule, it’s don’t resist and don’t talk. Keep calm, avoid antagonizing the arresting officer, and wait to share your side of the story with your lawyer present. In North Carolina, as in every other state, the courts take statements and behavior at the time of arrest very seriously. By maintaining composure and respecting your right to remain silent, you give your defense attorney the best possible foundation to protect your interests later on.
If you find yourself in trouble, don’t panic. Remember these guidelines, remain silent when in doubt, and reach out to a qualified criminal defense lawyer as soon as possible. The steps you take—or don’t take—during those first few hours can have a massive impact on the outcome of your case.
Contact Delton Barnes Law Today
If you or a loved one is facing criminal charges, don’t wait to seek legal representation. Contact The Law Offices of Delton W. Barnes today for a consultation. Let us help you navigate the complexities of the criminal justice system with confidence. Remember, securing expert legal representation early on can significantly affect the outcome of your case.
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The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step.
Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.
