What to Do If You’re Arrested: Step-by-Step Legal Advice

Getting arrested can be one of the most frightening and stressful experiences anyone can face. Whether you believe you’re innocent or not, knowing your rights and what to do during and after an arrest can significantly affect the outcome of your case. This guide provides step-by-step legal advice on what to do if you’re arrested—helping you stay safe, informed, and legally protected.

Understanding What an Arrest Is
Step 1: Stay Calm and Composed
Step 2: Do Not Resist Arrest
Step 3: Know Your Rights
Step 4: Invoke Your Right to Remain Silent
Step 5: Request an Attorney Immediately
Step 6: Avoid Self-Incrimination
Step 7: Understand the Charges Against You
Step 8: Post Bail or Bond if Possible
Step 9: Prepare for Arraignment
Step 10: Cooperate with Your Attorney
What Not to Do If You’re Arrested
Special Considerations for Different Arrest Scenarios
How an Attorney Can Help You Navigate the Legal System
Final Thoughts and Proactive Legal Tips

1. Understanding What an Arrest Is

An arrest occurs when law enforcement legally detains you because they believe you have committed a crime. This can happen in public, in your home, or during a traffic stop. You can be arrested with or without a warrant, depending on the circumstances and the laws in your jurisdiction.

You are not officially arrested until law enforcement:

Clearly indicates you are under arrest,
Restrains your freedom (usually with handcuffs), and
Intends to take you into custody.

2. Step 1: Stay Calm and Composed

Your behavior during the arrest will be noted and potentially used against you. It is essential to remain calm, avoid sudden movements, and follow instructions. Emotional outbursts, yelling, or aggressive behavior can escalate the situation and potentially result in additional charges such as resisting arrest.

Tips:

Breathe deeply to control panic.
Avoid confrontational language.
Make no physical contact with the officer unless instructed.

3. Step 2: Do Not Resist Arrest

Even if you believe the arrest is unjust, resisting can lead to serious legal consequences. Resisting arrest includes physically struggling, attempting to run, or arguing aggressively with officers.

Legal consequences of resisting:

Additional misdemeanor or felony charges.
Increased bail amount.
Harsher sentencing.

Handcuffs and wooden gavel. Crime and violence concept.

4. Step 3: Know Your Rights

Everyone arrested in the U.S. is protected under the Constitution. Knowing your rights can prevent you from making mistakes that could hurt your case.

Key rights include:

The right to remain silent.
The right to an attorney.
The right to know the charges against you.
The right to make a phone call.

5. Step 4: Invoke Your Right to Remain Silent

You are not required to answer any questions beyond providing basic identifying information (e.g., name and date of birth). Once you state, “I am invoking my right to remain silent,” officers must stop questioning you until your lawyer is present.

Important:

Do not volunteer information.
Do not explain your side of the story without an attorney.
Avoid small talk or joking.

6. Step 5: Request an Attorney Immediately

You have a constitutional right to legal counsel. Clearly say, “I want to speak to a lawyer,” and repeat if necessary. Do not answer further questions until your attorney arrives.

Why this is crucial:

An attorney protects your rights.
They advise you on what to say or not say.
They ensure proper legal procedures are followed.

7. Step 6: Avoid Self-Incrimination

Many people unintentionally say things that harm their defense. Law enforcement may use psychological tactics to get you to talk.

Common tactics:

Acting friendly to gain trust.
Lying about evidence they have.
Claiming “things will go easier” if you talk.

Do not fall for these. Even if you’re innocent, wait for legal counsel.

8. Step 7: Understand the Charges Against You

After your arrest, you must be informed of the reason. This can happen during the arrest or shortly afterward at the police station or arraignment.

Ask for:

A copy of the arrest warrant (if applicable).
A clear explanation of the charges.
Your Miranda rights to be read.

If any of these are not provided, let your lawyer know immediately.

9. Step 8: Post Bail or Bond if Possible

Bail is a financial guarantee that you’ll return to court. Not all cases qualify for bail, but if yours does, you may be released upon payment.

Options include:

Cash bail.
Bail bond via a bondsman.
Release on recognizance (ROR).

Consult your lawyer about the best strategy to get released quickly and affordably.

10. Step 9: Prepare for Arraignment

Arraignment is your first court appearance, usually within 24–72 hours of arrest. During this hearing, the judge will:

Read the charges.
Ask for your plea (guilty, not guilty, or no contest).
Set bail or release conditions.

Your attorney can speak on your behalf and may request a lower bail amount or argue for release on your own recognizance.

11. Step 10: Cooperate with Your Attorney

Once released or while in custody, your priority should be preparing your legal defense. Your lawyer will guide you through:

Reviewing evidence.
Finding witnesses.
Negotiating plea deals (if appropriate).
Preparing for trial.

Be honest with your lawyer. Attorney-client privilege means your discussions are confidential.

12. What Not to Do If You’re Arrested

Avoid these common mistakes that can seriously harm your case:

❌ Talking to the police without a lawyer

❌ Resisting arrest

❌ Posting about your arrest on social media

❌ Trying to destroy or hide evidence

❌ Contacting witnesses or victims

❌ Missing court dates

❌ Ignoring legal advice

Every action post-arrest can be used in court. Think carefully before speaking or acting.

13. Special Considerations for Different Arrest Scenarios

DUI Arrest

Do not refuse breathalyzer tests unless advised by a lawyer.
Cooperate politely.
Request legal representation immediately.

Drug Possession

Don’t admit ownership or explain.
Let the lawyer handle the defense.
Illegal searches can invalidate evidence—discuss with your attorney.

Domestic Violence

Do not attempt to contact the alleged victim.
Comply with any protective orders.
Seek legal counsel immediately for both defense and possible restraining order challenges.

Immigration-Related Arrests

You have the right to remain silent.
You can refuse to sign any documents without legal review.
Ask to speak to an immigration attorney.

14. How an Attorney Can Help You Navigate the Legal System

Hiring a criminal defense attorney is your best chance at a favorable outcome. Here’s how they help:

Understanding the law: Criminal laws are complex. Your attorney will explain charges and penalties.
Strategy development: Every case requires a unique defense strategy.
Court representation: Attorneys argue motions, suppress evidence, and advocate on your behalf.
Negotiating pleas: Lawyers can often reduce charges or sentencing through negotiations.
Trial defense: If your case goes to trial, your lawyer will question witnesses, present evidence, and challenge the prosecution.

15. Final Thoughts and Proactive Legal Tips

An arrest does not mean a conviction. But every decision you make from the moment you’re arrested can influence the outcome. The most important things to remember are:

Stay calm.
Invoke your rights.
Don’t talk without a lawyer.

Proactive Tips:

Save a criminal defense attorney’s number in your phone.
Know your local laws regarding searches and arrests.
Educate your family or roommates on what to do during police encounters.

Conclusion

Being arrested can feel like your life is spiraling out of control. But with the right legal steps and a clear mind, you can protect your rights and work toward a fair outcome. Always consult with a qualified attorney as soon as possible and avoid trying to navigate the criminal justice system on your own.

Whether it’s your first arrest or you’re helping a loved one in custody, this guide empowers you to take the right actions at the right time.