Prendergast Law LLC Criminal Defense · Fairhope, Alabama Call(251) 222-2912

Before you say anything

You were just arrested in Baldwin County.

Most cases are damaged before an attorney is ever hired — in the back of a patrol car, in an interview room, on a recorded jail phone. Nothing on this page is legal advice, and reading it does not make you a client. It is what a criminal defense lawyer wishes people knew before the first call.

01

Ask for a lawyer, then stop talking.

Say it out loud and say it plainly. Questioning is supposed to end once you clearly ask for counsel — but that only works if you actually say it, and then stay quiet afterward. Asking for a lawyer and then continuing to explain yourself undoes the whole thing.

Say exactly this“I am going to remain silent. I want a lawyer.”

You cannot talk your way out of an arrest. The decision to charge you has already been made by the time anyone is asking questions. What you say next only affects how much evidence there is.

02

Do not consent to a search.

Car, phone, home, storage unit, backpack. Officers may search anyway under some circumstances — but if you consent, you have given away an argument your attorney would otherwise have. A search that was unlawful can be challenged. A search you agreed to usually cannot.

Say exactly this“I do not consent to a search.”

Say it once, calmly, and do not physically interfere. Refusing consent is not resisting, and it is not evidence of guilt.

03

Assume every call is recorded.

Jail phones are recorded, and those recordings routinely end up in the prosecutor's file. So do visitation conversations. People talk themselves into far worse positions on jail phones than they ever do in interview rooms, because it feels like a private call to family.

Do not discuss the facts of your case with a spouse, a parent, a bondsman, or the person in the next bunk. Arrange bond and logistics. Nothing else.

04

Write down everything tonight.

While it is fresh: times, locations, how the stop started, what was said and by whom, officer names and badge numbers, which car you were in, who else was present, whether you were read your rights and at what point.

Suppression hearings turn on details this small. Six weeks from now you will not remember whether the officer asked to search before or after he ran your license — and that ordering can decide the case.

05

Call before the first court date.

Bond amount, release conditions, preliminary hearing deadlines and the first round of discovery all get decided in the earliest days of a case. That window opens and closes whether or not there is a lawyer standing in it.

The first appearance is not a formality. It is the point at which a case starts taking the shape it will keep.

If you have already talked, call anyway.

People assume that saying too much has ended the case. It usually has not. What was said, how it was obtained, and whether it can be used are all separate questions — and they are questions worth asking before the first court date, not after.

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