What Happens If You Are Arrested?
Being arrested initiates a formal legal process. Understanding the steps can help you protect your rights.
Booking. After arrest, you are taken to a police station or jail for booking. Officers record your personal information, take fingerprints and photographs, and catalog any personal belongings.
Miranda warnings. If officers intend to question you, they must read your Miranda rights. You have the right to remain silent and to have an attorney present.
Phone call. Most jurisdictions allow you at least one phone call after booking. Use it to contact a family member or attorney.
Bail or detention. Depending on the charge, you may be released on bail, released on your own recognizance, or held in jail until your court appearance. Bail amounts vary based on the severity of the charge, your criminal history, and flight risk.
Arraignment. Within 48 to 72 hours of arrest, you appear before a judge. At arraignment, you hear the formal charges, enter a plea (guilty, not guilty, or no contest), and the judge sets bail or conditions of release.
Right to counsel. If you cannot afford an attorney, the court will appoint a public defender. You should request counsel as early as possible.
What to do. Remain calm and cooperative, but do not volunteer information. Clearly state that you wish to exercise your right to remain silent and want an attorney. Do not sign anything without legal counsel.
This is legal information, not legal advice.
- Immediately upon arrest or as soon as possible afterward
- Before answering any questions from law enforcement
- Before your arraignment hearing
- Fourth Amendment
- Fifth Amendment
- Sixth Amendment
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.