Did you know that in the United States, over 10 million arrests are made each year? Whether you believe you’re innocent or not, being arrested can be a frightening and overwhelming experience. The key to handling the situation is knowing your rights and taking the right steps to protect yourself.
In this guide, we’ll walk you through exactly what to do if you are arrested, ensuring you stay calm, assert your rights, and minimize potential legal consequences. This step-by-step approach will help you navigate the process safely and smartly.
Contents
Step 1: Stay Calm and Composed
Why It Matters
Resisting arrest or reacting aggressively can escalate the situation and lead to additional charges. Law enforcement officers are trained to handle non-compliant behavior forcefully, so your best defense is to remain calm and cooperative.
What to Do:
- Stay silent and composed – Do not argue, resist, or run.
- Keep your hands visible – Sudden movements can be misinterpreted as a threat.
- Comply with basic instructions – Follow lawful commands without confrontation.
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Step 2: Know Your Rights
The Miranda Rights
Upon arrest, you should be informed of your Miranda rights, which include:
- The right to remain silent – Anything you say can be used against you in court.
- The right to an attorney – If you cannot afford one, a public defender will be appointed.
What to Do:
- Politely state, “I am invoking my right to remain silent.”
- Request an attorney immediately.
- Do not sign any documents or answer questions without legal representation.
Step 3: Do Not Consent to Searches
Why It Matters
Police officers may ask for permission to search your person, vehicle, or home. Without a search warrant or probable cause, you are not legally required to consent.
What to Do:
- Clearly state, “I do not consent to a search.”
- If they proceed anyway, do not resist but remember the details for your lawyer.
- Document the search mentally and note any potential violations of your rights.
Step 4: Contact an Attorney
Why It Matters
Having legal counsel can mean the difference between conviction and acquittal. A lawyer will help protect your rights and guide you through the legal process.
What to Do:
- Request to call your lawyer as soon as possible.
- If you do not have one, ask for a public defender.
- Avoid discussing details of your case with anyone other than your attorney.
Step 5: Be Mindful of What You Say and Do
Why It Matters
Even seemingly innocent statements can be used against you in court. Law enforcement officers may use tactics to elicit incriminating responses.
What to Do:
- Do not engage in casual conversation with police officers.
- Avoid talking about your case with cellmates or family on recorded calls.
- Keep your statements short and factual if required to speak.
Step 6: Prepare for Your Court Appearance
Why It Matters
Your first court appearance, also known as arraignment, is crucial. This is when charges are formally presented, and bail is determined.
What to Do:
- Dress professionally and show respect in court.
- Follow your lawyer’s instructions carefully.
- Plead not guilty unless advised otherwise by your attorney.
Related: 20 Common Legal Mistakes People Make and How to Avoid Them
Step 7: Follow Legal Advice and Court Orders
Why It Matters
Ignoring legal advice or court orders can lead to additional legal trouble, including fines or a bench warrant for your arrest.
What to Do:
- Attend all scheduled court dates.
- Follow any bail conditions set by the court.
- Avoid any activities that could violate your pretrial conditions.
Conclusion
Getting arrested is an intimidating experience, but knowing your rights and taking the proper steps can significantly impact the outcome of your case. The most critical actions are staying calm, asserting your rights, and securing legal representation as soon as possible.
Have you or someone you know ever faced an arrest? Share your insights or questions in the comments below. If you found this guide helpful, consider sharing it with friends or subscribing to our newsletter for more legal insights!
