Being arrested can be an overwhelming and stressful experience. Knowing what to do in the moments following an arrest can help protect your rights and improve your chances in court. This article provides a step-by-step guide on how to handle the situation immediately after being arrested.
Stay Calm and Composed
Controlling Your Emotions
The first thing to remember is to stay calm. While this may be easier said than done, panicking will only escalate the situation. Take deep breaths and focus on staying composed. Keep your emotions in check because outbursts or erratic behavior could negatively impact how you are treated.
Avoid Aggressive Behavior
Being confrontational with law enforcement will not help your case. If you resist, act aggressively, or show hostility, you may face additional charges or be seen as a threat. Avoid making any sudden movements and follow the officer’s directions carefully.
Know Your Rights
The Right to Remain Silent
One of your most important rights is the right to remain silent. Anything you say can and will be used against you in court, so it’s best to speak as little as possible until your attorney is present. Politely inform the officers that you are exercising your right to remain silent.
The Right to Legal Representation
You have the right to an attorney. If you cannot afford one, a public defender will be assigned to you. Don’t hesitate to invoke this right immediately after being arrested. It’s crucial that you have legal representation to protect your rights throughout the process.
Do Not Resist Arrest
Why Resisting Can Make Things Worse
Resisting arrest, even if you feel it’s unjustified, can lead to additional charges, like obstruction of justice or assault on a police officer. You might also get physically injured. It’s better to comply during the arrest and save your defense for court.
How to Comply Without Incriminating Yourself
When being arrested, comply with the officer’s instructions, but don’t volunteer any information. If asked questions, simply state, “I wish to remain silent until I have an attorney.” This ensures you are cooperative without incriminating yourself.
Ask for an Attorney Immediately
Why You Shouldn’t Speak Without a Lawyer
The police might try to engage in casual conversation or ask you questions to gather information. Even if the questions seem harmless, anything you say can be used against you. That’s why it’s critical to ask for an attorney before answering any questions.
How to Request an Attorney
Clearly state, “I am requesting an attorney.” Once you have requested a lawyer, the police should stop questioning you until your attorney is present. If they continue questioning, you can reiterate your request.
Do Not Offer Explanations or Excuses
Why Even Small Talk Can Be Harmful
You might feel the urge to explain your side of the story or offer excuses. Don’t. Even casual or innocent remarks can be twisted and used against you. The police are trained to gather information in ways you may not anticipate, so it’s best to stay quiet.
How Silence Protects You
Remaining silent protects you from inadvertently incriminating yourself. It’s your right to remain silent, and exercising this right cannot be used against you in court.
Cooperate with Law Enforcement
Providing Basic Information
While you should remain silent about the incident, you are generally required to provide basic information such as your name and identification. Beyond that, it’s best not to engage in further conversation until your lawyer is present.
What to Avoid Saying
Avoid discussing the circumstances of your arrest or providing any opinions about the situation. Even offhand remarks or jokes can be misinterpreted and lead to further complications.
Be Aware of Search and Seizure Rights
What You Should Know About Consent
The police may ask for your consent to search your belongings or home. You are not required to consent, and it’s often in your best interest to politely refuse. If they have a warrant, they can search without your permission, but without one, you can protect your rights by declining consent.
Illegal Searches and How They Affect Your Case
If the police conduct an illegal search without a warrant or your consent, the evidence they gather may be inadmissible in court. Your attorney can use this to challenge the legality of the search and potentially have charges reduced or dismissed.
Document Everything
Recording Your Experience
If possible, try to document your arrest experience. If you can’t record it at the moment, take mental notes about what happened, including the officers’ names, badge numbers, and any witnesses present.
Writing Down Important Details After Release
As soon as you are released, write down everything you remember about the arrest, including any conversations you had with the police, actions taken by law enforcement, and the timeline of events. These details can be crucial to your defense.
Contact a Trusted Friend or Family Member
What to Share with Your Contacts
After your arrest, you may need to call a family member or friend to inform them of your situation. Keep the conversation brief and factual—just let them know where you are and that you need assistance contacting a lawyer.
How They Can Help Secure Legal Assistance
Your friends or family can assist in contacting a criminal defense attorney or arranging for bail. Let them handle any logistical details while you focus on staying calm and protecting your rights.
Understand Bail and Bond Options
Bail Hearing Process
After your arrest, you will likely have a bail hearing where the judge determines the amount of bail based on factors like the severity of the crime and your flight risk. Your lawyer can advocate for lower bail if necessary.
How Bail Bonds Work
If you can’t afford to pay the bail amount in full, you can work with a bail bondsman who will pay the bail for you in exchange for a percentage of the total amount. Be aware that this fee is usually non-refundable.
Know What Happens After You Are Released
Next Steps in Your Legal Case
Once you are released, the legal process is just beginning. You will need to meet with your attorney to discuss your defense strategy and prepare for upcoming court dates. Stay organized and be proactive about attending all necessary hearings.
Preparing for Court
Gather any documentation, witnesses, or evidence that may help your case. Work closely with your attorney to build a strong defense and stay informed about the charges and potential consequences.
Stay Off Social Media
Why Social Media Can Hurt Your Case
Posting about your arrest or the events surrounding it can damage your defense. Even innocent posts can be used against you in court, so it’s best to avoid social media entirely until your case is resolved.
Managing Your Online Presence During Legal Proceedings
If you need to use social media, be very cautious about what you post. Refrain from discussing your case or anything that could be related to the incident. It’s best to avoid online activity altogether until after your legal matters are resolved.
Be Cautious of Informal Conversations
Conversations with Cellmates and Guards
During your time in custody, it’s wise to be cautious about what you say to fellow detainees or correctional officers. Even casual conversations can be reported or misconstrued, potentially impacting your case.
Potential Risks of Speaking Freely
People around you in jail or holding cells might share what you’ve said with the authorities or others, so keep conversations to a minimum and avoid discussing your case.
Conclusion: Protecting Yourself After an Arrest
In conclusion, being arrested can be a distressing experience, but understanding your rights and taking proactive steps can significantly impact the outcome of your case. By remaining calm, exercising your right to remain silent, requesting an attorney promptly, and allowing your legal counsel to navigate the process, you can safeguard your rights and increase your chances of a positive resolution. Marc Kohnen is dedicated to providing unwavering legal representation, ensuring that your rights are protected at every stage of the criminal justice system. Schedule a consultation today to discuss your case and begin building a strong defense.
