What To Do If You're Arrested — A Step-by-Step Guide

What To Do If You're Arrested — A Step-by-Step Guide

Getting arrested is one of the most stressful experiences a person can face. Whether the arrest is for a minor misdemeanor or a serious felony, the decisions you make in the first few hours can have a lasting impact on the outcome of your case. This guide walks you through every step of the process so you can protect your rights and give yourself the strongest possible defense.

Step 1: Stay Calm and Do Not Resist

The single most important thing you can do during an arrest is remain calm. Resisting arrest — even verbally — can result in additional criminal charges such as resisting a peace officer, obstruction, or assault on a law enforcement officer. These charges apply regardless of whether the original arrest was lawful.

Keep your hands visible at all times. Do not make any sudden movements. Follow the officer's physical instructions regarding handcuffs, sitting down, or moving to a patrol car. You can comply physically while still protecting your legal rights verbally.

Remember: compliance during the arrest is not the same as admitting guilt. You can cooperate with the physical process while firmly exercising your right to remain silent.

Step 2: Invoke Your Right to Remain Silent

The Fifth Amendment to the United States Constitution protects you from being compelled to incriminate yourself. After an arrest, officers are required to read you your Miranda rights before conducting a custodial interrogation. These rights include:

• The right to remain silent
• The warning that anything you say can and will be used against you in court
• The right to an attorney
• The right to a court-appointed attorney if you cannot afford one

Invoke your rights clearly and verbally. Say something like: "I am invoking my right to remain silent. I want to speak with a lawyer before answering any questions."

Once you invoke these rights, officers are legally required to stop questioning you. However, if you voluntarily start talking again, you may waive those protections. The safest approach is to say nothing beyond identifying yourself when asked for your name.

Do not try to explain your side of the story, provide an alibi, or argue your innocence with the arresting officers. Anything you say — even statements you believe are helpful — can be taken out of context and used against you. Save your explanation for your attorney.

Step 3: Do Not Consent to Searches

Officers may ask to search your person, vehicle, home, or belongings. You have the right under the Fourth Amendment to refuse consent to a search. Politely but clearly state: "I do not consent to a search."

There are situations where police can legally search without your consent — for example, if they have a warrant, if evidence is in plain view, or if there are exigent circumstances. However, by clearly stating that you do not consent, you preserve your attorney's ability to challenge the search later in court.

If officers search you despite your refusal, do not physically resist. Your attorney can file a motion to suppress any evidence obtained through an unlawful search.

Step 4: Ask for a Lawyer Immediately

The Sixth Amendment guarantees your right to legal counsel. Exercise this right as early as possible. When you say "I want a lawyer," all questioning must stop until your attorney is present.

If you cannot afford a private attorney, you have the right to a public defender. A public defender will be assigned to you, typically at or before your first court appearance. However, if you have the means to hire a private criminal defense attorney, doing so can provide advantages including more time dedicated to your case, greater accessibility, and potentially more experience in the specific area of law relevant to your charges.

Do not discuss the details of your case with anyone other than your attorney — not cellmates, not friends or family on a recorded jail phone line, and not officers who may attempt to engage you in casual conversation.

Step 5: The Booking Process

After your arrest, you will be taken to a police station or county jail for booking. This process typically includes:

• Recording your personal information (name, date of birth, address)
• Taking your photograph (mugshot)
• Taking your fingerprints
• Cataloging and storing your personal property
• Conducting a background check for outstanding warrants
• Placing you in a holding cell or general population

Booking is an administrative process. Continue to exercise your right to remain silent during this phase. Be polite and cooperative with the procedural aspects, but do not answer questions about the alleged offense.

Step 6: The Bail and Bond Hearing

After booking, you may be eligible for release on bail. Bail is a financial guarantee that you will appear for future court dates. The bail process works in several ways:

• Cash bail: You pay the full bail amount directly to the court. This money is returned when you appear for all court dates, minus any fees.
• Bail bond: You pay a bail bondsman a non-refundable fee (typically 10-15% of the bail amount), and they post the full bail on your behalf.
• Release on own recognizance (ROR): For minor offenses, a judge may release you without requiring bail, based on your ties to the community and lack of flight risk.
• No bail: For very serious offenses or if you are deemed a flight risk or danger to the community, bail may be denied.

A judge sets the bail amount based on factors including the severity of the charges, your criminal history, your ties to the community, and whether you pose a flight risk. Your attorney can argue for a lower bail amount at the hearing.

Step 7: The Arraignment

The arraignment is your first formal court appearance, typically held within 48 to 72 hours of your arrest. At the arraignment:

• The charges against you are formally read
• You enter a plea: guilty, not guilty, or no contest
• Bail may be set or modified
• Future court dates are scheduled

In almost all cases, your attorney will advise you to plead not guilty at the arraignment. This preserves all of your legal options going forward, including the ability to negotiate a plea deal or take the case to trial. Pleading not guilty at an arraignment is standard procedure and does not prevent you from changing your plea later.

Step 8: What Happens Next

After the arraignment, your case enters the pretrial phase. Your attorney will:

• Review all evidence the prosecution has against you (known as discovery)
• File motions to suppress illegally obtained evidence
• Investigate the circumstances of your arrest
• Interview witnesses
• Negotiate with prosecutors for reduced charges or a favorable plea agreement
• Prepare for trial if a satisfactory agreement cannot be reached

The timeline from arrest to resolution varies widely. Misdemeanor cases may resolve in weeks or a few months. Felony cases can take six months to over a year, depending on complexity.

Practical Tips to Remember

• Write everything down as soon as possible after your release. Note the time, location, what officers said, who was present, and any details you remember about the arrest.
• Do not post about your arrest on social media. Prosecutors can and do use social media posts as evidence.
• Show up to every court date. Failing to appear can result in a bench warrant, additional charges, and forfeiture of bail.
• Follow all conditions of your release, including staying away from certain people or places, obeying curfews, or checking in with a pretrial officer.
• Be honest with your attorney. Attorney-client privilege protects your communications. Your lawyer needs the full truth to build the best defense.

Find a Criminal Defense Lawyer

If you or someone you love has been arrested, time is critical. An experienced criminal defense attorney can protect your rights, challenge the prosecution's evidence, and fight for the best possible outcome.

[Search for a criminal defense lawyer in your area](/search?practiceArea=criminal-defense) to schedule a consultation today.