Being arrested can be a terrifying and disorienting experience. It’s crucial to understand your rights and how to behave in a way that protects your interests. This guide provides a detailed, step-by-step approach on what to do if you find yourself under arrest, focusing on minimizing potential legal complications and ensuring your well-being.
Understanding Your Rights
Before diving into the specific steps, it’s essential to be aware of your fundamental rights when arrested. These rights are guaranteed by the U.S. Constitution, specifically the Fifth and Sixth Amendments.
- The Right to Remain Silent (Fifth Amendment): You have the right to refuse to answer any questions from law enforcement. Anything you say can and will be used against you in court. This is often referred to as “pleading the Fifth.”
- The Right to an Attorney (Sixth Amendment): You have the right to an attorney. If you cannot afford one, the court will appoint one to represent you. You have the right to have your attorney present during questioning.
- The Right to Know the Charges Against You: You have the right to be informed of the charges for which you are being arrested.
- The Right to Due Process: You have the right to fair treatment under the law.
These rights are paramount, and understanding them is the first line of defense when facing arrest.
Step-by-Step Guide: What to Do During an Arrest
Here’s a detailed guide outlining the proper steps to take when being arrested:
1. Stay Calm and Comply (Mostly)
While it’s natural to feel fear and anxiety, maintaining composure is critical. Arguing with or resisting the arresting officer will only escalate the situation and could lead to additional charges like resisting arrest. Physical resistance is never advised. However, compliance does *not* mean answering questions. It means complying with lawful orders regarding your physical self, such as putting your hands behind your back for handcuffing.
- Follow Instructions: Listen carefully to the officer’s instructions and comply with them promptly. If the officer tells you to put your hands behind your back, do so. If they instruct you to move to a specific location, comply.
- Avoid Arguing or Making Excuses: Resist the urge to argue, explain your situation, or offer excuses. Anything you say can be used against you.
- Do Not Run: Attempting to flee will almost certainly lead to additional, more serious charges.
2. Clearly State You Are Invoking Your Rights
This is perhaps the most important step. Clearly and unequivocally state that you are invoking your right to remain silent and your right to an attorney. Repeat this as needed. Do not elaborate. Do not explain *why* you are invoking your rights. Simply state it clearly and directly.
- “I am invoking my right to remain silent. I want to speak to an attorney.” This is a simple and direct statement.
- Repeat as Necessary: If the officer continues to ask questions, politely but firmly repeat your statement. You can say something like, “Officer, with all due respect, I am invoking my right to remain silent and I wish to speak with an attorney.”
- Silence After Invocation: Once you’ve invoked your rights, remain silent. Do not answer any questions, regardless of how benign they may seem.
It’s crucial to understand that police officers are trained to elicit information from you. They may use various tactics, such as appearing friendly or sympathetic, to encourage you to talk. Do not fall for these tactics. Your silence is your strongest protection.
3. Observe Everything, Say Nothing
While you should remain silent, pay close attention to the details of the arrest. Mentally record everything you see, hear, and experience. This information may be valuable to your attorney later. However, do *not* verbally comment on anything you observe.
- Officer Identification: Try to note the names and badge numbers of the arresting officers.
- Location: Note the exact location of the arrest.
- Witnesses: If there are any witnesses, try to remember their appearance. Do not attempt to contact them yourself. Your attorney can handle that.
- Circumstances: Note the details of the arrest, such as the time of day, the weather conditions, and any events leading up to the arrest.
4. Cooperate with the Booking Process (But Still Don’t Talk)
The booking process typically involves taking your fingerprints, photographing you (a “mugshot”), and recording your personal information. Cooperate with these procedures, but continue to assert your right to remain silent. Provide only the information required for identification, such as your name, address, and date of birth. Do *not* answer questions about the alleged crime.
- Limited Information: Provide only essential identifying information.
- Refuse to Answer Incriminating Questions: If asked questions about the alleged crime, politely state, “I am invoking my right to remain silent and I wish to speak with my attorney.”
- Medical Needs: If you have any medical conditions or require medication, inform the booking officer. Be clear about your needs.
5. Make a Phone Call
You generally have the right to make a phone call shortly after being booked. Your priority should be to contact an attorney. If you don’t have a lawyer, ask to call a family member or friend who can help you find one.
- Contact an Attorney First: If possible, your first call should be to an attorney.
- Contact Family/Friends: If you cannot reach an attorney immediately, contact a family member or friend who can assist you in finding legal representation and potentially posting bail.
- Keep the Call Brief: Keep the conversation brief and avoid discussing the details of your arrest. Remember that your phone call may be recorded. Simply state your location and that you need assistance finding an attorney.
6. Do Not Resist Searching (but Make it Clear You Don’t Consent)
If the police officers tell you they are going to search you or your belongings, do not physically resist. Resisting a search can lead to additional charges. However, make it clear that you do not consent to the search.
- Verbal Non-Consent: State clearly, “I do not consent to this search.” Say this clearly and without aggression.
- Do Not Physically Resist: Even though you stated that you do not consent, do not physically stop the search. Do not touch the officers, grab your belongings back, or impede their actions.
- Witnesses: If there are any witnesses to the search, make sure you have seen them. Try to remember their appearance.
Why do you state that you don’t consent if it won’t stop the search? This can be important later in court. If the search was performed illegally, you have the ability to potentially suppress any evidence that came from it. By explicitly stating you do not consent, you have documentation of the search, and a statement that you did not authorize it.
7. Document Everything You Remember As Soon As Possible
As soon as you are released, either on bail or otherwise, write down everything you can remember about the arrest. The details will be fresh in your mind, and this documentation can be incredibly valuable to your attorney in building your defense.
- Detailed Notes: Record every detail you can recall, including the officers’ names and badge numbers, the location of the arrest, the time of day, the weather conditions, the events leading up to the arrest, and any statements made by the officers or yourself (remembering you stayed silent besides invoking rights).
- Physical Injuries: Document any physical injuries you sustained during the arrest. Take photos of any bruises, cuts, or other injuries.
- Witness Information: If you identified any witnesses, write down their descriptions. Do *not* attempt to contact them directly.
8. Hire an Attorney
Hiring an experienced criminal defense attorney is crucial to protecting your rights and navigating the legal process. An attorney can advise you on the best course of action, represent you in court, and negotiate with the prosecution on your behalf. Don’t delay in seeking legal representation.
- Experience Matters: Choose an attorney with experience in handling cases similar to yours.
- Discuss Fees: Be clear about the attorney’s fees and payment options.
- Be Honest: Be honest with your attorney about the circumstances of your arrest. Your attorney can only help you effectively if they have all the facts.
9. Follow Your Attorney’s Advice
Once you have hired an attorney, it’s essential to follow their advice. Your attorney is your advocate and is working to protect your best interests. They will guide you through the legal process and advise you on the best course of action.
- Communicate Openly: Maintain open communication with your attorney.
- Attend All Court Appearances: Attend all scheduled court appearances unless your attorney advises otherwise.
- Do Not Discuss Your Case with Others: Do not discuss your case with anyone other than your attorney. Anything you say can be used against you.
Common Mistakes to Avoid
Avoiding these common mistakes can significantly improve your situation:
- Talking Too Much: This is the biggest mistake people make. Remember, anything you say can be used against you. Invoke your right to remain silent and speak to an attorney.
- Resisting Arrest: Resisting arrest will only make the situation worse and can lead to additional charges.
- Providing False Information: Providing false information to law enforcement is a crime.
- Consenting to a Search: Do not consent to a search without a warrant. Make sure you verbally say, “I do not consent to this search.”
- Contacting the Alleged Victim: Do not attempt to contact the alleged victim in your case. This could be seen as harassment or intimidation and could lead to additional charges.
- Posting About Your Case on Social Media: Anything you post on social media can be used against you. It is best to avoid discussing your case online.
What to Do After Release
Being released from custody, whether on bail or after charges are dropped, is a relief. However, it’s not the end of the process. Several steps are crucial to ensure your future well-being.
- Document the Experience: As mentioned earlier, document every detail of the arrest and detention while it’s fresh in your mind. This information is critical for your attorney.
- Follow Bail Conditions: If you were released on bail, strictly adhere to the bail conditions. Violating bail conditions can result in re-arrest and forfeiture of your bail money.
- Attend All Court Dates: Make sure you attend all scheduled court dates. Missing a court date can result in a warrant for your arrest.
- Continue Working with Your Attorney: Maintain open communication with your attorney and follow their advice.
- Consider Counseling: Being arrested can be a traumatic experience. Consider seeking counseling to help you cope with the stress and emotional impact of the arrest.
- Background Checks: Be aware that an arrest record, even without a conviction, can show up on background checks. Discuss with your attorney the possibility of expunging your record if the charges are dropped or dismissed.
Specific Scenarios
The advice above generally applies to all situations. Here are some specific examples:
- Traffic Stop: If arrested during a traffic stop, the same principles apply. Comply with the officer’s instructions, provide your driver’s license, registration, and insurance information, but invoke your right to remain silent and your right to an attorney if you are asked questions about potential crimes. Do not consent to a search of your vehicle.
- Home Arrest: If the police come to your home to arrest you, do not resist. Ask to see the arrest warrant to confirm their authority. Invoke your right to remain silent and your right to an attorney immediately. Do not consent to a search of your home without a warrant.
- Public Intoxication: Even for seemingly minor offenses like public intoxication, the same rights apply. Invoke your right to remain silent and your right to an attorney.
Seeking Legal Counsel Before an Arrest
While this guide focuses on what to do *during* an arrest, it’s also important to consider seeking legal counsel *before* an arrest if you believe you are under investigation. An attorney can advise you on your rights and help you navigate the situation proactively.
- If You Suspect Investigation: If you have reason to believe you are under investigation for a crime, consult with an attorney as soon as possible.
- Avoid Self-Incrimination: Your attorney can advise you on how to avoid self-incrimination and protect your rights.
- Proactive Defense: An attorney can begin building your defense strategy even before an arrest occurs.
The Importance of Staying Informed
Understanding your rights and how to behave during an arrest is crucial for protecting your interests. While this guide provides a comprehensive overview, it is not a substitute for legal advice. If you are arrested, seek the assistance of an experienced criminal defense attorney as soon as possible.
Remember, your silence is your most powerful weapon. Invoke your rights, observe everything, and seek legal counsel to navigate the legal process effectively. By staying calm, complying with lawful orders, and protecting your rights, you can minimize the potential negative consequences of an arrest.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation. Laws vary by jurisdiction, and the information provided here may not be applicable to your specific circumstances.