Approach the responding officer(s) positively. A confrontational attitude will do you no good and may well guarantee that you will be arrested or possibly even shot if they perceive a significant enough threat.
Do not, under any circumstances, make any incriminating statements that may be used against you at a later time. Do not confess to any crime, even if you think you exercised poor judgment or are actually guilty. Having said that, however, do not withhold any information that can affect the responding officer’s safety either. Bad guys may still be roaming; armed friends may have melted into the crowd.
Officers usually distinguish between a debrief/interview conducted at the police station where legal representation is appropriate and a tactical debrief which takes place at the scene to make sure the situation is really resolved and that you are really safe. If you withhold information that endangers officers, you will not make friends and could get someone seriously hurt, but information you give could (rarely but theoretically) incriminate you. It could also break down your resistance to talking and get you blabbing, which is generally unwise.
While there may be a fine balance between implying guilt through silence and being overly talkative, err on the side of caution. You really do not have to say anything at all without an attorney present though it is generally prudent to identify yourself, state that the other person attacked you, and that you were in imminent and unavoidable danger, fearing for your life. You may even wish to explain why you could not simply run away. If you used a weapon and have a concealed weapons permit, it is generally a good idea to let the officers know that as well.
The Fourth Amendment generally prohibits seizure of persons without a warrant. However, in some instances a warrant may not required. These instances can include felonies, misdemeanors, danger to the public, and violent crimes. A fight probably qualifies for warrantless arrest under any of these conditions. If you are arrested and taken into custody, be sure to understand why.
You should always carry the phone number of an attorney you trust (see “Find a Good Attorney” later on in this section for more information) and of a person who can contact an attorney for you if your lawyer is not immediately available. Ask permission to telephone your attorney or contact person immediately after being booked into jail.
Be polite and respectful to the jail guards. They can deny you phone access and generally make your life even more miserable if you act inappropriately. In most jurisdictions, you must be taken before an officer of the court (for example, judge, magistrate) within 24 hours of your arrest, except on weekends. You should always secure counsel and have legal representation before this initial court appearance. If you cannot afford an attorney, you can be represented by a public defender though that is generally not preferable.
When responding officers arrive, don’t exaggerate, and don’t threaten. Be calm, polite, honest, and non- confrontational, saying as little as possible until you have an opportunity to consult with your attorney.
Officers arriving on the scene will be encountering an unknown, potentially hostile environment, where one or more combatants may have been, and possibly still are, armed. Like any sane person, they will be concerned, cautious, and likely at least a little bit scared. Since they do not know exactly what transpired, they also do not know who the good guy is and who the bad guy is yet. Retain your composure and conduct yourself in a mature manner at all times. A confrontational attitude will do you no good and may well get you arrested or possibly even shot. Don’t exaggerate; it will be interpreted in the worst possible light when it is read in court. Don’t threaten; there is no question that it will be used against you if you do.
Police Officers Don’t Like Fighting, So They Don’t Like You
Supreme excellence consists in breaking the enemy’s resistance without fighting.
The spirit of fire is fierce, whether the fire be small or big; and so it is with battles.
The fight is over, the police have arrived, and somebody is going to jail. Responding officers really don’t care a whole lot about how it started or what you were fighting about. A couple of questions to make an assessment, a professional assessment based on their experience, and more often than not, somebody gets arrested. Officers will err on the side of caution, prudently letting a judge determine guilt or innocence. They just want to eliminate the immediate threat and control the danger that you and/or your adversary caused to the public welfare.
You might think that what you are involved in is the most important thing in the world at that moment. You might be fighting over the love of your life, defending your honor, trying to get paid for a bet or a loan, or collecting sports memorabilia that was stolen from you. It might be very important to you, yet these officers have just left a scene just like yours to deal with you. And the odds are good that they’ll get another half a dozen calls just like yours before the night is over.
From the jaded perspective of a veteran officer, you’re really not that special. You’re barely a name, let alone a face. Your story, your issues, they mean absolutely nothing to these guys. The officers cannot afford to get emotionally involved; they have a job to do. Now don’t take that as an anti-cop comment because it is not. They have a dirty, unglamorous, rotten job to do that few are willing to take. We should all be damned thankful that there are people willing to step up and do it. The challenge is that in order to survive on the mean streets of most any city, a certain level of emotional detachment has to come with the territory.
Law enforcement officers have to have a shell; without it, they can’t function. They are not bad people, but they simply see, hear, and feel too much to allow an emotional attachment for every person and every problem. You with your petty problems don’t have a chance at cracking that shell. Police officers don’t like fighting, so if you get into a fight they almost certainly are not going to be all that thrilled with you.
To illustrate this point, Wilder was standing in the control center of a jail with a police officer friend of his when an internal call came in. A young woman was going through drug withdrawal and had started having seizures. The ambulance was called and the mobilization process was underway to get her to the hospital.
Holding the chart in his hand, Wilder’s officer friend read the file. “May I see it too?” Wilder asked. The officer closed it and handed it to him as he turned to the issues at hand. Wilder looked at the file and after scanning it said, “Wow, twenty-seven, pretty, and strung out, what the hell?”
“Yup, you can’t afford to get involved,” his friend said as he reached for the file.
“No,” Wilder replied, “You can’t, but I can.”
His friend gave a small smile and nodded. Simply put, law enforcement officers have to have a shell; without it, they can’t function. They are not bad people, they just see, hear, and feel too much to allow an emotional attachment for every person and every problem. You with your petty problems don’t have a chance at cracking that shell.
Find a Good Attorney
