Being arrested is one of the most frightening experiences a person can face, and fear often leads people to make mistakes that damage their case before it even begins. Understanding the process and knowing your rights can make the difference between a dismissal and a conviction. Lawyers USA connects people with criminal defense attorneys who handle these situations every day, and the guidance below reflects what experienced defense lawyers want every person to know.
The Moment of Arrest
When a police officer places you under arrest, you will typically be handcuffed and told that you are being detained. The officer should inform you of the charges or the reason for the arrest, though this does not always happen immediately. You may be searched incident to the arrest, and officers may inventory your personal belongings.
This is the moment when most people make their biggest mistake. The instinct to explain, argue, or talk your way out of the situation is powerful, but it almost always backfires. Anything you say from this point forward can and will be used against you in court. Politely and clearly state that you wish to remain silent and that you want an attorney. Then stop talking.
Miranda Rights and What They Mean
Before any custodial interrogation, officers are required to read your Miranda rights. These include the right to remain silent, the warning that anything you say can be used against you, the right to an attorney, and the right to have an attorney appointed if you cannot afford one. If officers question you without providing these warnings, your statements may be inadmissible in court.
However, Miranda only applies to custodial interrogation. Officers can use voluntary statements you make before or during the arrest, even without reading your rights. This is another reason to say as little as possible from the moment you encounter law enforcement. Casual comments made in the back of a patrol car or during booking are not protected by Miranda and can be used as evidence.
Booking and Bail
After arrest, you will be transported to a police station or county jail for booking. This process includes recording your personal information, photographing and fingerprinting you, and conducting a background check. Your belongings will be inventoried and stored until your release.
Depending on the severity of the charges, you may be released on your own recognizance, given a set bail amount based on a schedule, or required to appear before a judge for a bail hearing. For misdemeanors, many jurisdictions allow release within hours. For serious felonies, you may be held until a judge sets bail, which can take up to 48 hours in most states.
If bail is set, you can pay the full amount directly or use a bail bondsman who typically charges ten percent of the bail amount as a non-refundable fee. Having a criminal defense attorney involved at this stage can sometimes result in reduced bail or release conditions that would not otherwise be offered.
After Release: Your Next Steps
Once released, your first priority should be contacting a criminal defense attorney if you have not already done so. Do not discuss your case with anyone other than your lawyer, including friends, family members, or on social media. Do not contact the alleged victim or any witnesses. Do not consent to any additional searches or questioning without your attorney present.
Write down everything you remember about the arrest while the details are fresh, including officer names, badge numbers, what was said, and the timeline of events. This information will be valuable to your defense attorney as they evaluate your case and identify any procedural violations that could work in your favor. The Lawyers USA directory includes criminal defense attorneys across the country who offer free consultations for pending cases.