What To Do if You're Arrested

Most people don’t enjoy encounters with police, whether they actually committed any criminal acts or are obeying the law. Being arrested can be a traumatic event. Most fear the social stigmas, personal consequences, financial consequences, legal consequences, having a criminal record, and the effect of the arrest on their families.

However, it is important to remain focused and take the steps necessary to ensure that all of your rights, including your right to remain silent, are protected if police do arrest you. Taking these steps can increase your chances of achieving a positive outcome that allows you to move on with your life.

If you or someone you care about has been arrested, you should contact a criminal defense attorney to begin preparing your defense as soon as possible.

Police Communication

Compliance with a lawful arrest is important. Try to stay calm, remain quiet, and follow the orders given by the arresting officer. Do not resist arrest, or you could face additional charges like assaulting a police officer.

Do not engage in any activity, verbal or physical, that could be construed as threatening, insulting, or otherwise aggressive. Your best place to contest criminal charges is in court, and any altercation between yourself and law enforcement officers can make things much worse for you.

Remember the details of your arrest as clearly as possible, particularly if the arresting officer(s) are engaging in acts that you believe are misconduct of any kind. Telling these details to your attorney may be valuable to your case.

Your Right to Remain Silent

You have constitutional rights even when arrested. Do not volunteer any information to criminal law enforcement beyond your name, address, and telephone number once they arrest you. The Fifth Amendment to the U.S. Constitution guarantees your right to remain silent until you have an attorney present. Additionally, a police officer should provide you with your Miranda rights. Your Miranda rights are not just a formality, but rather an important part of your arrest. The next time you speak should be to your attorney, whether it is a public defender or a criminal defense lawyer you hire yourself.

Police and district attorneys are skilled interrogators, and they know how to ask questions to confuse suspects or make it appear that a suspect is lying. It is better to only speak with your attorney and only answer questions when your attorney is present. Your attorney will be able to instruct you when to answer and what the consequences might be if you choose to speak.

This right to remain silent is yours whether you are being arrested for a felony or a misdemeanor; and whether you’ve been arrested from an arrest warrant or police had probable cause to arrest you on the spot.

Remain in Police Custody Until You Don’t Have To

You have a right to a phone call. Call a family member or a criminal defense lawyer.

While you are under no obligation to answer the questions asked by police officers, you must remain in their custody until your lawyer secures your release or a judge grants you bail. You should never try to escape from police custody. This will only compound the charges against you and increase your chances of remaining in jail.

At your arraignment, which will be your first court appearance a short period of time after your arrest, a judge will set a court date. The criminal justice system in many jurisdictions is especially busy, so a trial date, especially if you demand a jury trial, may be at a much later date. The arraignment judge will also set bail. If you can afford the amount of bail required for release, you should pay bail.

Is It Illegal To Record the Police During an Arrest?

While most First Amendment lawsuits regarding recording police during an arrest have found in favor of arrestees, this does not mean it is always legal to do so. However, when facing arrest, you should always note whether there is an audience present who may be recording what’s happening on their phones.

This footage may not become available or be admissible in court, but it could be helpful if police use excessive force or violate your rights. People recording an arrest do so at some degree of personal risk, and they should always openly declare that they are recording if they choose to proceed.

Some laws protecting police, such as wiretapping laws or other privacy legislation, could render undeclared recordings inadmissible in court — and in some cases, those capturing footage may find themselves facing criminal charges.

Your Right to a Defense Attorney

If you’ve been arrested, you do have the right to an attorney, even if you can’t afford to pay for one. Should you be facing charges without the ability to pay for personal legal counsel, the court will appoint a public defender to your criminal case. If you’d prefer to hire a criminal defense lawyer rather than be appointed one, that option is available to you.

The attorney-client privilege protects your discussions with your lawyer — whether it’s a public defender or private attorney — in almost all instances, so be sure to detail your case in full, providing all facts and observations you remember. That way, the attorney will be able to provide you with the best possible legal advice.