Criminal Law
Being arrested is one of the most frightening experiences a person can face. Knowing your rights and how to protect them in the moment can make a significant difference in the outcome of your case.
Stay Calm and Do Not Resist
Resisting arrest — even an unlawful one — can result in additional criminal charges and put you in physical danger. Stay calm, keep your hands visible, and do not make any sudden movements. You can challenge the legality of an arrest later in court. Do not do it on the street.
Your Most Important Rights
The Right to Remain Silent
You have the right to remain silent under the Fifth Amendment. Anything you say can and will be used against you in court. Beyond identifying yourself — which some states require — you are not obligated to answer questions. Clearly and calmly state: “I am invoking my right to remain silent.” Then stop talking.
The Right to an Attorney
You have the right to an attorney under the Sixth Amendment. If you cannot afford one, the court must appoint one for you. Clearly state: “I want an attorney.” Once you ask for an attorney, police must stop questioning you until your attorney is present. Do not answer any further questions without legal counsel.
What to Do Step by Step
1. Do Not Resist or Argue
Comply physically even if you believe the arrest is wrong. Do not argue, insult officers, or try to run. Save your arguments for court where they will actually matter.
2. Invoke Your Rights Clearly
State clearly that you are invoking your right to remain silent and that you want an attorney. Do this calmly and early. Do not wait until you are in an interrogation room to assert these rights.
3. Do Not Consent to Searches
You have the right to refuse consent to search your person, vehicle, or home. Clearly state: “I do not consent to a search.” If officers search anyway, do not physically resist — but your objection on record is important for your defense later.
4. Remember Everything You Can
Try to memorize the names and badge numbers of officers involved, the time and location of the arrest, and exactly what was said. As soon as you are able, write everything down. These details can be critical to your defense.
5. Make Your Phone Call
You have the right to make a phone call after being arrested. Use it to contact an attorney or a trusted person who can help you find one. Do not discuss the details of your case on a jail phone — those calls are recorded.
6. Do Not Talk to Other Inmates
Other inmates can and sometimes do report conversations to prosecutors in exchange for reduced sentences. Do not discuss your case with anyone except your attorney.
What Happens After Arrest
After being arrested you will typically go through the following process:
- Booking — fingerprints, photograph, personal information recorded
- Bail hearing — a judge determines whether you can be released and at what cost
- Arraignment — you are formally charged and enter a plea
- Pre-trial proceedings — your attorney reviews evidence and negotiates with prosecutors
- Trial or plea agreement — most cases are resolved through a plea deal before trial
What NOT to Do
- Do not try to talk your way out of it — it almost never works and usually makes things worse
- Do not consent to searches
- Do not discuss your case on jail phones or with other inmates
- Do not post about your arrest or case on social media
- Do not miss any court dates — a warrant will be issued for your arrest
Key Takeaways
- Stay calm and do not resist — you can challenge the arrest in court
- Clearly invoke your right to remain silent and your right to an attorney
- Do not consent to searches
- Use your phone call to contact an attorney, not to discuss your case
- Do not talk to other inmates or post on social media about your case
- Attend all court dates — missing them makes everything worse
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.