WHAT DO I DO IF ARRESTED?

Being placed under arrest means that your freedom to go about your business is restricted. In effect, you are in the custody of the law enforcement officials who have arrested you. You should know that upon being arrested you have many rights which you may want to exercise. First, you have the right to an attorney. If you cannot afford an attorney, one will be provided to you free of charge through the Public Defender's Office if you are eligible and meet the income guidelines. You should tell the police officer at the time of arrest that you wish to speak to either your attorney or to one appointed by the Court.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411.

Your attorney will then be able to advise you as to further procedures and will act as your spokesperson. You have an absolute right against self-incrimination. This means that you are under no obligation to speak to the law enforcement officers. If you do talk to them, anything you say can be used against you in Court. It is usually not in your best interest to talk to the police. However, you should consult with your attorney before making this decision. You should also know that you are not required to consent to any searches or tests and it is probably not in your best interest to consent without your attorney's approval. You should know that if you are arrested for DUI, the law presumes that you will consent to a blood, breath or urine test. You have the right refuse this test. However, the consequence for doing so will be the loss of your drivers license privilege for one year. In addition, you have the right to be promptly taken before a Magisterial District Judge and have the charges against you explained and, in most circumstances, to have the Magisterial District Judge set a reasonable bail. In Erie County, bail may normally be posted by paying ten percent (10%) of the full bail to the Erie County Clerk of Courts which is located at the Erie County Court House. The Magisterial District Judge may also accept bail directly at his or her office. The funds posted will be returned to the person posting bail at the completion of your case so long as you appear when required.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.