If You Are Arrested

"You are under arrest." These are words that the common, upstanding citizen never expects to hear. However, as a Pagan or magical practitioner, you must be realistic. As the world stands, Pagans, Satanists, Witches and others deemed "radical, " "non-conformist, " or (in extreme cases) "dangerous to society", face the very real possibility that they may be harassed, arrested, charged with supposed crimes, or actually prosecuted for those "crimes." Whether your arrest is the end of a long series of harassments, or happens abruptly and surprisingly, there are certain procedures that the police are required by law to follow if they don't want the arrest to be deemed invalid in any future court proceedings. This section deals with that process, and hopefully, will include some useful advice on how to deal with being arrested.

You have probably already been stopped and questioned. The officer has informed you that you are under arrest, and your situation has radically changed. You are no longer a private citizen, but rather a ward of the State until such a time as you are released. You are protected under Criminal Code from certain indignities or atrocities (you may not be questioned without an attorney present, for example, and you cannot be physically abused), but your civil rights are severely limited. Let's examine what rights you do have, and how you should exercise them.

Most people have heard the almost ritual language of the Miranda Warning, mandated by the United States Supreme Court; but many do not know what those words mean. It is important to understand this warning; its provisions will govern your behavior from this point on:

YOU HAVE THE RIGHT TO REMAIN SILENT.
This means exactly what it says. You do not have to say anything from this point on, even to give your name or social security number. It is strongly recommended that you exercise this right.
ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW.
Again, this means exactly what it says. Every word you utter may be used against you or others in a future Court proceeding. Before you say anything, to anybody, you should examine it from all angles to see that it cannot be used to incriminate you or others in the commission of some crime. Anyone, including fellow prisoners or jailers, can be called as witnesses in a courtroom; they can testify as to conversations you had with them, or to those which they merely overheard. Also, many prisons and detention facilities are equipped with video and audio recording devices; be careful not only of what you say, but how you act in these facilities.
YOU HAVE THE RIGHT TO AN ATTORNEY, AND TO HAVE THAT ATTORNEY PRESENT DURING QUESTIONING.
It is strongly suggested that you exercise this right as soon as possible, if for no other reason than to signal your captors that you cannot be mistreated with impunity. Further, it is strongly suggested that you have your attorney present during any questioning, by police, prosecutors, or anyone else. Your attorney will know what questions may and may not be legally asked, and will advise you as to which questions you should or should not answer. Also, remember that the police will take anything that they can get; if your attorney is not present, you may be subject to more badgering from them than otherwise.
IF YOU DO NOT HAVE OR CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU AT NO CHARGE AND BEFORE ANY QUESTIONING.
It is suggested that you retain a private criminal defense attorney, if at all possible, rather than take a Court-appointed Public Defender. Not that there aren't some very good public defenders out there, but most of them are either very young lawyers right out of law school or old veterans who have become somewhat cynical. Most of all, in virtually every city, public defense attorneys are extremely overworked; your public defender will not - and cannot - give your case the concern and effort that you need at this point. What you need is a good attorney who has your best interests at heart, and who will take a strong stand with his counterpart in the Prosecutor's office.
YOU ARE NOW UNDER ARREST.
Most people have no idea of exactly what this means. These formal words, uttered by a Law Enforcement Officer or other official who holds the power of arrest, take you out of the realm of the private citizen and make you a ward of the State. Your captors literally have control over every aspect of your life.
Take this very seriously! Your captors will exercise control over what you wear, what and when you eat, even when you used to demoralize a prisoner and make him as docile as possible. You must submit to this, or you will be compelled by force.

Until you have been physically transported to a detention facility, the police do not have to let you do anything. (Even if you were skyclad when they interrupted your ritual, they do not have to let you get dressed. They might simply hand you a blanket to drape around yourself.) Be prepared for this. Also, be prepared to have all of your personal belongings (purse or wallet, wristwatch, jewelry, belt and shoes, even eyeglasses) taken from you. If you wear contact lenses, you do have the right to ask to remove them and put them in their wetting solution. (This is because the State is now responsible for your property, and is required to take reasonable action to keep it from harm.) You will be given an inventory and a receipt for everything confiscated, and it must be returned to you when you are released. The only exception to this is property seized as evidence. (Your attorney can advise you as to how to recover this property, after your case is closed.)

Once you reach the police station, you will be fingerprinted. Your name, the reason for your detention, and the date and exact time of your arrest will be noted in a log book, and your picture will be taken. Take careful note of the date and time of your arrest; the law states that you may only be held for a maximum of 72 hours (less in some states) before the police have to either formally charge you with a crime (and take you before a judge for a hearing to set bail) or release you. If you are held longer than that without a bail hearing, your attorney can file a writ of habeas corpus (wrongful detention) and have you released immediately.

During this 72-hour period, you must be allowed one telephone call. Use it wisely! It is the one and only one you will get. It might be wise, if you think it likely that you will be arrested or detained, to make arrangements with some trusted friend or relative beforehand. That way, you can call this person, who can act freely in your behalf. He or she can make as many phone calls as necessary to secure you a good attorney, a bail bondsman, or whatever is needed.

As a ward of the State, you are under the State's care. Police and prison officials can be held personally liable if you are mistreated, and they know it. You will be given the basics of sustenance; do not expect more. If, for example, you are under a physician's care and are taking prescribed medicine for a medical condition, they must continue that medication. If you are injured in the course of the arrest, you have the right to receive medical treatment from a physician. You will be fed and clothed. If you wear corrective eyewear or a hearing aid, you will have them when you see your attorney or when you appear in Court.

RANN
888-315-3850