Police officers do not always arrest people after uncovering suspicious circumstances. They have the right to use a degree of discretion. In cases where there seem to be unusual circumstances or questions about the legality of a person’s behavior, officers may give individuals the benefit of the doubt instead of immediately taking them into state custody.
People recently arrested by police officers may hope that they can explain the situation and talk their way out of the arrest or the possibility of criminal charges. Police officers often count on people making that mistake after an arrest.
Officer discretion largely ends after an arrest
Police officers can choose whether or not to escalate a situation by arresting an individual. However, once they officially take a person into state custody, they have limited impact over the next steps in the process.
Police officers may hope for individuals to overestimate their ability to make a compelling case in their own defense. The more that people talk, the more the information they provide could potentially contribute to their future conviction.
Individuals hoping to avoid life-altering criminal charges may benefit from invoking their right to remain silent and their right to legal representation instead of trying to talk to an officer about the situation. An attorney can make a more compelling case than a person under stress in most circumstances.
People who make use of their basic rights after an arrest can reduce the likelihood of charges or a criminal conviction following an encounter with law enforcement. Invoking the right to remain silent and consulting with an attorney are usually the best options available to those recently taken into state custody.
