Immediate Deadlines
- Initial appearance/arraignment:Within 48-72 hours of arrest (federal); 1-5 days state
- Bail hearing:Same day as arraignment in most jurisdictions
- Preliminary hearing or grand jury:10-30 days after arraignment in most cases
Documents You'll Need
- Booking documents from arrest
- Citation or charging document
- Bond paperwork (if released)
- Notice of next court date
- Proof of income (for public defender qualification)
- Witness names if defense relevant
- Any evidence in your possession (phone, photos, receipts)
Step-by-Step
Invoke your rights immediately
When arrested, say clearly: 'I am exercising my right to remain silent. I want a lawyer.' Then STOP TALKING. Do not explain, justify, or argue. Every word can be used against you in court — even seemingly innocent statements. Your silence cannot be used against you (Salinas v. Texas requires explicit invocation).
Don't consent to searches
Politely refuse: 'I do not consent to any searches.' Police may search anyway based on probable cause or a warrant — your refusal preserves your right to challenge the search later. If they have a warrant, ask to see it and read it carefully. Don't physically resist.
Request a public defender if you can't afford private counsel
At your initial appearance, tell the judge: 'I cannot afford an attorney and I request a public defender.' You'll need to complete a financial affidavit. Public defenders are licensed attorneys with significant trial experience — often better than inexperienced private counsel for criminal cases.
Make bail arrangements
At the arraignment, the judge sets bail. Options: cash bail (full amount paid to court), bail bond (10% to bondsman, who posts full amount), released on own recognizance (ROR), or pretrial detention. Factors: charge severity, criminal history, ties to community, flight risk. A lawyer can argue for lower bail.
Understand the charges
Get a copy of the complaint, indictment, or information. Note: charge level (misdemeanor, felony), maximum penalties, and elements the prosecutor must prove. A misdemeanor carries up to 1 year jail; felonies carry more. Some charges have mandatory minimums or three-strikes implications.
Don't discuss the case with anyone except your lawyer
Jail phone calls are recorded. Visitor conversations may be monitored. Don't post on social media. Don't discuss with cellmates. Don't call alleged victims or witnesses (witness tampering = additional charge). Only attorney-client communications are privileged.
Work with your attorney on defense strategy
Your attorney will review evidence, file motions (suppress evidence, dismiss charges), conduct investigation, negotiate with prosecutor (plea bargain), and prepare for trial. Most cases (90%+) resolve through plea agreements. Trial decision is yours — your attorney advises.
How This Varies by State
Bail systems vary: New Jersey eliminated cash bail (Bail Reform Act 2017); California limits cash bail under Humphrey decision; some states have bail schedules. Public defender qualification thresholds differ: usually 125-200% of federal poverty level. Discovery rules vary widely — federal Brady disclosure obligations are similar everywhere, but state pretrial discovery is broader in some states (CA, NC). Sentencing laws vary dramatically: some states have determinate sentencing, others indeterminate.
Federal Law Considerations
Federal cases follow Federal Rules of Criminal Procedure. Initial appearance must occur 'without unnecessary delay' (typically 48 hours, McNabb-Mallory). Federal sentencing follows U.S. Sentencing Guidelines (advisory after Booker). Federal prosecutors have higher conviction rates (~90%+) and longer sentences typically. Federal Public Defenders handle most indigent federal cases.
Common Mistakes to Avoid
- Talking to police 'to clear things up' — almost always hurts your case
- Believing police promises ('cooperate and we'll go easy on you')
- Discussing the case on jail phone calls (always recorded)
- Not showing up to court — leads to bench warrant, additional charges
- Pleading guilty without consulting an attorney about consequences
Official Resources
Related Resources on This Site
Forms
- public defender application
When to Get a Lawyer
- Always — for any criminal charge, even traffic violations with jail exposure
- Immediately — before any police interview
- Before court appearances
Frequently Asked Questions
Should I take the lie detector test?
What if I can't afford a private attorney?
Can charges be dropped?
What happens at arraignment?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.