What to do if you are arrested
Updated April 20, 2026 · 10 min read
The single most important rule if you are arrested: stop talking. You cannot talk your way out of an arrest. You can talk your way into a conviction. Nearly every conviction in America is built on statements the defendant volunteered.
Here is exactly what to do and what not to do, in order.
At the scene
1. Stay calm. Do not resist. Resisting adds charges, regardless of whether the underlying arrest was valid. 2. Keep your hands visible. 3. State clearly, "I am exercising my right to remain silent. I want a lawyer." Say this even if you think you can explain. You cannot. 4. Do not consent to any searches. If asked "mind if we look in your car / bag / house?", say "I do not consent to any searches." 5. Do not answer questions beyond identifying yourself. You're required to give your name in most states; nothing else. 6. Do not discuss your case with anyone in the holding cell or on any recorded line (jail calls are recorded).
What you should say — verbatim scripts
When officers try to talk to you: "I am invoking my right to remain silent. I want to speak with a lawyer." Then stop talking, even if they keep asking.
When asked for consent to search: "I do not consent to any searches."
When booked and asked about your background: basic identifying information is fine. Do not elaborate about what happened or where you were.
When a detective comes to "clarify a few things": "I'm not answering any questions without my lawyer."
These scripts work. Detectives are trained to be friendly, empathetic, and reassuring. Their job is to get you to talk. Your job is to not help them.
At the jail
- Phone calls are recorded. Every word. Do not discuss the case, even with family. - You can usually post bail. If set, you or someone on your behalf can post it. Bail bonds companies post 10% non-refundable fees. - Arraignment is usually within 48–72 hours. You'll be formally charged and bail addressed. - Get a lawyer before the first court appearance if possible. Public defenders are available if you cannot afford private counsel.
What your lawyer will do first
1. Get you out of custody (bail motion, release on own recognizance). 2. Review the probable cause for the arrest — if insufficient, move to dismiss. 3. Review the arrest procedure — if rights were violated, move to suppress statements and evidence. 4. Access discovery (police reports, body cam, witness statements). 5. Negotiate with prosecutors before charges are formalized.
Immediately. Your first call from the jail should be to a criminal defense attorney. If you cannot afford one, request a public defender at arraignment. Time is the enemy — evidence disappears, memories fade, and prosecutors make decisions based on what they see in the first 48 hours.
Get a Free Case ReviewFrequently Asked Questions
Should I take a breathalyzer or field sobriety test?+
This is state-specific and contextual. Generally, you must take a formal breathalyzer at the station (refusing triggers implied consent license suspension). Field sobriety tests are almost always optional and can be politely declined.
Can I tell police my side of the story?+
No. Every defense attorney says this. Statements you think will help almost always hurt. Your innocence is best argued by your lawyer, with full information about the evidence.
What if the police say I'm not under arrest?+
If you're not free to leave, you are effectively in custody and Miranda applies. If you're truly free to leave, calmly ask: "Am I free to leave?" If yes, leave. If no, ask for a lawyer.
Do I have to let them in my home?+
No — without a warrant, you don't have to open the door. Speak through it. Ask for the warrant to be shown. If they don't have one, they cannot lawfully enter except in very limited emergency circumstances.
How much does a criminal defense attorney cost?+
Misdemeanor flat fees: $1,500–$5,000. Felonies: $5,000–$25,000+. Trials can cost $10,000–$100,000+. Public defenders are free if you qualify.
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