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Getting arrested is one of the most stressful and confusing experiences a person can face. Whether it’s your first time or not, knowing what to do—and what not to do—can make a significant difference in your case. This guide walks you through the essential steps to protect your rights from the moment you’re arrested.
1. Stay Calm and Respectful
If you are approached or arrested by law enforcement, the most important thing you can do is remain calm. Avoid sudden movements or arguments, and do not resist, even if you believe the arrest is unfair. Resisting arrest can lead to additional charges.
Pro tip: Keep your hands visible and comply with requests, but don’t consent to a search unless your attorney advises it.
2. Invoke Your Right to Remain Silent
You have the constitutional right to remain silent. Exercise it. Anything you say can be used against you in court—even if you think you’re helping your case.
What to say:
“I’m exercising my right to remain silent and would like to speak with an attorney.”
Do not answer questions about where you’ve been, what you were doing, or anything related to the incident.
3. Ask for an Attorney Immediately
Request a lawyer as soon as you’re able to. This isn’t an admission of guilt—it’s a smart legal move. An experienced criminal defense attorney can protect you from self-incrimination and help build your defense from the start.
4. Understand the Process: Booking to Bail
Once arrested, you’ll be taken to a police station for booking—a process that involves collecting your personal information, taking fingerprints, and photographing you.
From there, you may be:
- Held in custody until your court appearance
- Offered bail or released on your own recognizance (depending on the charge and local laws)
Your arraignment—the first court appearance—typically happens within 48-72 hours, where you’ll be formally charged and asked to enter a plea.
5. Don’t Discuss Your Case With Anyone But Your Lawyer
This includes friends, family, or cellmates. Conversations can be monitored or used as evidence, even if you think they’re private. Only your communications with your attorney are protected by law.
6. Be Honest With Your Attorney
Your lawyer is your best defense. The more honest and detailed you are, the better they can protect you. Don’t hide information—even if it seems incriminating. Your lawyer’s job is not to judge but to defend.
7. Know the Common Mistakes to Avoid
- Talking to police without counsel
- Consenting to searches without a warrant
- Posting about your case on social media
- Failing to appear at scheduled court dates
These can seriously harm your case or even result in additional charges.
Final Thoughts
Being arrested is intimidating, but understanding your rights and the legal process can help you stay in control. The best time to consult an attorney is as soon as possible—preferably before speaking to law enforcement.
If you or someone you know has been arrested, don’t wait. Reach out to a qualified criminal defense lawyer who can walk you through your options and protect your future.
