- If you are stopped by police, stay calm and don’t resist. Keep your hands visible to the police. Ask if you are free to leave after the police have spoken to you. If you are, walk away. If not, stay put. Stay safe. Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. You may ask why you are being arrested. The lawyer who represents you in court will want to know the details of how your arrest occurred.
- If you are arrested, stay calm and don’t resist. You have the right to remain silent and you should respect this right and not answer questions without a lawyer present, other than your name. You are not required to tell the police where you were born or your immigration status.
- Do not consent to being searched or having your property searched, including your phone. Tell the lawyer who represents you in court if the police searched you without consent. The police may pat you down to see if you have a weapon.
- Under the current bail laws, most offenses related to protesting (for example: disorderly conduct, unlawful assembly, trespass, resisting arrest, obstruction of governmental administration, harassment) will not allow the police to take you into custody. You should receive an appearance ticket with the date of your scheduled appearance before a court. Do not lose this ticket. If you do not appear in court, you may have a bench warrant issued against you.
- During a demonstration, rioting, the destruction of property, theft and assault, as examples, remain clearly unlawful acts which may subject you to arrest.
- If you are arrested for an offense involving violence, have a warrant against you, pending charges or past convictions, you may be taken into custody by the police. If you are arrested in Erie County, you will be held at the Buffalo Police Holding Center at 121 West Eagle Street in Buffalo until your arraignment.
- You can call a lawyer when you are in custody. If you cannot afford one, the court will appoint one to you at arraignment, but you will not have a free lawyer before that time.
- If you are held in custody, your phone conversations will be recorded.
- You have a right to challenge the charges against you, and are never required to take a guilty plea. Your lawyer will explain the legal options that are available to you.
- If you are not a citizen of the U.S., please understand that convictions for many crimes may affect your status. Do not plead guilty to any offense without fully understanding those consequences. Ask your criminal defense lawyer to contact our Regional Immigration Assistance Center for more information.