What to Do After Being Arrested
Being arrested is a frightening experience. This guide walks you through your legal rights, what to say (and not say) to police, and why contacting an attorney immediately can make all the difference.
Criminal Defense
Your Rights Begin the Moment You're Arrested
The Right to Remain Silent
You have the constitutional right to remain silent — and you should use it. Anything you say to police can and will be used against you in court. This applies not just during formal questioning, but from the moment of arrest. Politely but firmly state: "I am invoking my right to remain silent." Then stop talking until your attorney is present.
The Right to an Attorney
You have the right to an attorney before any questioning begins. If you cannot afford one, a public defender will be appointed. However, if you have the means to hire private counsel, doing so as quickly as possible gives you a significant advantage — your attorney can begin building your defense, challenge the circumstances of your arrest, and advise you on every step that follows.
What You Should and Should Not Do at the Scene
Do: Stay calm, comply with physical instructions, and ask clearly for an attorney
Do: Remember the names of any officers and witnesses present
Don't: Resist arrest, even if you believe it is unlawful — challenge it in court, not on the street
Don't: Consent to searches of your person, vehicle, or property without a warrant
Don't: Make statements, sign documents, or answer questions without legal counsel
The Hours After Your Arrest
What Happens During Booking
After arrest, you will be taken to a police station or detention facility for booking. This process involves recording your personal information, photographing and fingerprinting you, and documenting the charges. Your personal belongings will be confiscated and returned upon release. You will typically be allowed one phone call — use it to contact an attorney or a trusted person who can help you reach one.
Understanding Bail and Pretrial Release
Following booking, a bail hearing will typically be scheduled within 24 to 48 hours. A judge will assess factors such as the severity of the charges, your criminal history, and your ties to the community before setting bail. Options may include cash bail, a bail bond, or release on your own recognizance. An experienced criminal defense attorney can argue for reduced bail or your release, significantly affecting your ability to prepare a defense from outside of custody.
Why You Should Not Speak to Police Without Counsel
Many people believe that cooperating fully with police — even without an attorney — will help their case. In reality, the opposite is often true. Police are trained interrogators, and statements made under stress are frequently misremembered, misquoted, or taken out of context. Even innocent, well-intentioned statements can be used to build a case against you. Always wait for your attorney before speaking.
Building Your Defense from Day One
Choosing the Right Criminal Defense Attorney
Not all attorneys are the same. When facing criminal charges, you want a lawyer who specializes in criminal defense, has experience with cases similar to yours, and communicates clearly and honestly about the risks and options you face. Ask about their track record, their approach to your type of case, and how they plan to investigate the facts. The attorney-client relationship is built on trust — choose someone you feel confident in.
How Your Attorney Will Build Your Case
A strong criminal defense involves far more than showing up to court. Your attorney will thoroughly review the evidence against you, investigate the circumstances of your arrest, identify any violations of your constitutional rights, and interview witnesses. They will challenge the prosecution's evidence where possible, negotiate with prosecutors on your behalf, and prepare you for every stage of the legal process — from arraignment to trial if necessary.
What to Expect as Your Case Progresses
Criminal cases can move slowly, and it's important to understand what lies ahead. Key stages typically include arraignment, pretrial hearings, discovery, plea negotiations, and — if necessary — trial. Throughout this process, your attorney will keep you informed, explain your options at each stage, and advise you on the best course of action. No two cases are identical, but having experienced legal counsel significantly improves your chances of a favorable outcome.
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