First Things To Do If You Get Arrested

Being arrested can be overwhelming, but be sure to remain calm and follow certain steps to protect your rights. The first things you do can affect the outcome of your case.

Summit Defense Criminal Lawyers helps you understand what to do in this situation. Whether it’s knowing your legal rights or requesting an attorney immediately, following these steps can help you avoid making mistakes that could harm your case.

Stay Calm and Cooperate

It’s essential to stay calm and cooperate with law enforcement during an arrest. Remaining calm helps prevent the situation from escalating.

Some steps you should follow during your arrest are:

Do Not Resist Arrest

Never physically resist a police officer. Resisting arrest can lead to additional charges, even if you believe the arrest is unjust. Stay calm and comply with the officer’s instructions. If you feel that the arrest is illegal or improper, you can address it later in court.

Resisting arrest can lead to serious consequences, including physical harm or more severe charges. It’s always better to cooperate, stay silent, and challenge the arrest later with the help of a criminal defense lawyer.

Do Not Argue or Fight with the Police

Avoid arguing with the police officers during your arrest. This can make the situation more tense and lead to unnecessary charges. Even if you believe your rights are being violated, remain polite and calm.

You can assert your rights later in court or with your attorney. Arguing or fighting with the police will not help your case and could lead to more problems. Always stay respectful and compliant.

Exercise Your Right to Remain Silent

One of your most important rights during an arrest is the right to remain silent. Exercising your right protects you from self-incrimination and ensures you do not accidentally say something that could hurt your case later.

You Are Not Required to Answer Questions

You are not obligated to answer any questions that could lead to self-incrimination. After you are arrested, politely inform the officer that you wish to remain silent.

This is one of your legal rights, and using it can prevent the police from gathering information that could be used against you later. You can always provide your name and address, but anything beyond that is optional.

Avoid Making Statements to Police

Avoid making statements to the police without your lawyer present. Anything you say can be used against you in court. Even if you believe your answers might help, they could lead to unintended consequences.

Instead, inform the officer that you want a lawyer present before you speak. Your lawyer can guide you through the process and ensure that your rights are protected. Always wait for legal advice before making any statements to police officers.

Request a Lawyer Immediately

If you are arrested, you have the right to legal representation. Ask for a lawyer as soon as possible. A lawyer can protect your rights and provide guidance through the legal process.

Here's why requesting a lawyer immediately is very important:

You Have the Right to Legal Representation

You are entitled to legal representation during questioning, and you should not waive this right. A criminal defense attorney can help you understand the charges against you and work to protect your rights.

Your attorney will ensure that the police follow the proper legal procedures and will help you make informed decisions. You should never speak to law enforcement officers or sign any documents without consulting a lawyer first.

Do Not Accept Any Deals Without a Lawyer

Do not accept any plea deals or offers from law enforcement officers or prosecutors without speaking to a lawyer. A plea deal may seem like a quick way to resolve your case, but it could result in consequences you didn’t fully understand at the time.

A lawyer will review the deal and advise you if it’s in your best interest. They will ensure you’re not pressured into agreeing to something that could lead to a criminal conviction.

Know Your Charges

Knowing the charges against you is a crucial part of protecting your rights. Ask the police officers or the booking staff what you are being charged with. Having this information is the first step in building your defense.

Here are the next steps in understanding your charges:

Ask What You Are Being Charged With

When arrested, always ask what the charges are. You have the right to know what you’re being accused of. If you're unsure or confused, don’t hesitate to ask for clarification.

The charges against you will determine the next steps in the legal process, including bail, arraignment, and court hearings. Knowing the charges helps you and your lawyer prepare for your defense.

Request a Copy of the Police Report (If Possible)

If possible, request a copy of the police report. This report contains details about the incident, the evidence, and the statements made during the arrest.

Having access to the police report can help your attorney review the case and prepare a defense strategy. If you’re unable to get a copy immediately, your lawyer can request one on your behalf during the legal process.

Do Not Discuss Your Case With Anyone

Once you are arrested, do not discuss your case with anyone other than your attorney. This includes friends, family, or anyone else who is not your lawyer. Anything you say can be used against you in court.

You have the right to remain silent, and this includes discussions about your case. Even talking to family members or other inmates can result in statements that could later be used against you. It’s best to avoid discussing your situation until you have a lawyer present. Your lawyer will guide you on how to handle these conversations.

You should also avoid talking about your case on the phone or through social media. Anything you say can potentially be used in court, and it could harm your defense strategy. Always consult with your lawyer first.

Cooperate with Booking and Processing

Once you are arrested, you will go through the booking process at the police station or central booking facility. This involves providing basic information such as your name, address, and date of birth.

Here's what to expect during this process:

Expect Fingerprinting and a Mugshot

During the booking process, you will be fingerprinted and have a mugshot taken. These are standard procedures for all arrested individuals. The fingerprints are entered into a database for identification purposes, and the mugshot is kept on record for your case.

While this may feel intimidating, it’s a routine part of the process and does not affect your rights. Remember, you still have the right to remain silent and should not make any statements that could be used against you.

Request Medical Attention if Needed

If you are injured or feel unwell during the booking process, request medical attention immediately. Your health should be a priority, and the police are required to provide care if necessary.

Be sure to let the booking staff or officers know if you need medical treatment, especially if you have visible injuries or need medication. Delaying medical care could worsen your condition and affect your case later.

Post Bail If Possible

If you can afford it, posting bail is the quickest way to secure your release from jail while awaiting your court appearance. The court sets bail and serves as a guarantee that you will appear for your scheduled court dates.

Options If You Can’t Afford Bail

If you cannot afford to pay bail, there are a few options available to you:

• Bail bond: You can contact a bail bond company. The company will post bail on your behalf for a non-refundable fee (usually 10% of the bail amount). The bail bond company may require collateral, like property, to secure the bond.
• Bail reduction hearing: If bail is too high, you can request a bail reduction hearing. A judge will review your financial situation and may lower the bail amount depending on the circumstances.
• Release on Own Recognizance (ROR): If you have strong community ties and are not a flight risk, the judge may allow you to be released without bail, promising to return for your court appearance.
• Public defender: If you cannot afford bail or legal representation, you may be eligible for a public defender who can help you navigate the legal process.

Each of these options comes with its own benefits and risks. Your criminal defense lawyer can guide you through these choices.

FAQs

1. Do I need an attorney present during questioning?

Yes, you have the right to an attorney present during questioning. If you are arrested, you can request a lawyer immediately. Have an attorney present to protect your rights and ensure that you are not coerced into making self-incriminatory statements.

2. What are mandatory minimum sentences?

Mandatory minimum sentences are fixed sentences set by law for certain crimes. These sentences cannot be reduced, even by a judge. If you are facing charges that involve mandatory minimum sentences, discuss your case with your lawyer, as there may be limited options for reducing the sentence.

3. Can court officers influence my case?

Court officers are responsible for maintaining order in the courtroom, but they do not influence the outcome of your case. However, their role is important in ensuring the proceedings go smoothly. Always remain respectful to court officers during your case.

4. What should I do if I’m the person accused of a crime?

If you have been accused of a crime, your first priority should be to seek legal representation. An experienced lawyer can help you become familiar with the charges, negotiate with prosecutors, and provide legal advice throughout the legal process.

5. What happens during my first court appearance?

At your first court appearance, the charges against you will be read, and the judge will determine whether to set bail or release you on your recognizance. This appearance is also when your lawyer will make your case to ensure you are treated fairly. Have an attorney present during this stage.