What to Do If You Are Arrested: Practical Steps

An arrest is stressful for the person arrested and for their family. The first hours matter, because decisions made in that time can affect what happens later. Staying calm, asking clear questions, and knowing where to find official information can help. This page covers general steps. It does not explain the law for any particular charge.

Stay calm and keep your hands visible

Officers are trained to handle arrests, and a calm, cooperative manner usually makes the process safer for everyone. Do not resist, even if you believe the arrest is wrong. You can say that you disagree, but do it calmly and later, with a lawyer. Resisting can create a new charge.

Ask whether you are under arrest and why

It is reasonable to ask, "Am I under arrest?" and "What am I charged with?" The officer may not answer every question, but the answers help you understand the situation. Write down the agency and the officer's name or badge number if you can.

Say that you want a lawyer

This is one of the most important steps. You can say clearly, "I want a lawyer," and then stop answering questions until a lawyer is present. The next article in this series explains why the wording matters. Keep it short, and do not explain your reasons, because the explanation may be used later.

Do not discuss the case

Avoid talking about the events with anyone except your lawyer. Calls from jail may be recorded, and conversations with cellmates, friends, or family members are not always private. Limit what you say to the people who are authorized to help you, and do not post about the arrest online.

Ask about the next step

Ask what happens next. Common steps include booking, fingerprinting, a first court appearance, and a decision about release. The rules differ by agency and by state. The jail or sheriff's office can explain its own procedures, and the court's website often describes its schedule and how to find a case.

Find out about bail and release

Ask whether bail has been set, how it can be paid, and what conditions apply. Some people are released on their own promise to return to court. Others must post money, property, or a bond. The bail and bond article in this series explains the basic terms, and bail rules differ by state.

Contact a lawyer or the public defender

If you can afford a lawyer, call one as soon as you can. Ask whether the lawyer handles criminal cases in the county where you were arrested, and ask how fees are set. If you cannot afford a lawyer, you may be able to ask the court for a public defender. The U.S. Courts' defender services page explains that federal courts appoint lawyers for people who cannot afford one in federal criminal cases. State courts have their own systems.

Our criminal defense practice page lists lawyers who handle criminal cases in each state.

Tell one trusted person where you are

A family member or friend can help with practical needs, such as contacting an employer, arranging childcare, or finding a lawyer. Give them the name of the facility, the booking number if you have it, and the name of your lawyer once you have one. Ask them not to share details of the case with anyone else.

Keep track of your belongings and paperwork

Ask for a list of your property when it is taken, and keep a copy of anything you sign. Do not sign statements about the events unless your lawyer has reviewed them. Keep court papers, bond receipts, and notices together in one place.

Keep track of deadlines

Court dates, bond conditions, and deadlines to respond to a charge can be strict. Missing a court date can lead to a warrant. Write every date down, and confirm it with your lawyer or the court clerk.

What to write down after release

Once you are released, write down the time of the arrest, what the officers said, who was present, and what happened at booking. Include any injuries or medical needs. These notes help your lawyer and can be important if the case is disputed.

Questions to ask a criminal defense lawyer

• What charges are listed, and what do they mean?
• Is bail or release set, and what conditions apply?
• When is my first court date, and do I need to attend?
• Do I need to contact the prosecutor or the court before I do anything else?
• How are your fees set, and what should I expect to pay?

Frequently asked questions

Should I tell the officer my side of the story? It is generally safer to say that you want a lawyer and to avoid giving a statement until you have spoken with one. Your lawyer can help you decide what, if anything, to say.

Can I call my family from jail? Many jails allow calls, but the calls are often recorded. Keep conversations about the case short, and speak about the case only with your lawyer.

What if I cannot afford bail? Ask your lawyer or the court about options for release, such as a hearing to review bail. Rules vary by state.

Does an arrest mean I will be charged? Not always. Prosecutors decide whether to file charges, and the timing varies. A lawyer can contact the prosecutor and explain the process.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.