Arrested or Charged With a Crime? Your Rights and First Steps
This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.
Being questioned by police, arrested or charged with a crime is frightening. The decisions you make in the first hours can have a big effect on how your case turns out. This guide explains your basic rights and the first steps to take.
Your basic rights
The right to remain silent
You do not have to answer police questions about the incident. Anything you say can be used against you, even if you are innocent and only trying to explain. To use this right, say clearly: “I am going to remain silent. I want to speak to a lawyer.” Then stop talking about the case.
In some states you may be required to give your name if lawfully stopped, so giving your name and basic identification is usually appropriate.
The right to a lawyer
You have the right to a lawyer during police questioning and in court. If you ask for a lawyer, police should stop questioning you until your lawyer is present. If you are charged with a crime that can lead to jail time and cannot afford a lawyer, the court can appoint a public defender.
The right to refuse a search
Police may ask for permission to search you, your car or your home. You can say, “I do not consent to a search.” Do not physically resist. If police search anyway, your lawyer can later challenge whether the search was legal.
What to do if you are arrested
- Stay calm and do not resist, even if you believe the arrest is wrong. Resisting can lead to additional charges.
- Do not discuss your case with police, cellmates or anyone on a jail phone. Jail calls are usually recorded.
- Ask for a lawyer and do not sign statements without one.
- Remember details of the arrest: officers’ names, what was said, and any witnesses. Write them down as soon as you can.
What happens next
Booking and bail
After an arrest, you will usually be booked, which means your fingerprints and photo are taken. For many offenses, a judge or a bail schedule sets the amount needed for release. In some cases you can be released on your own promise to return to court. A lawyer can ask the court to lower bail or change release conditions.
Arraignment
At the arraignment, you are told the formal charges and asked to enter a plea, usually “not guilty” at this stage. Having a lawyer with you at this hearing is important.
Investigation and negotiation
Your lawyer reviews the evidence, including police reports, video and witness statements, and looks for problems such as an illegal stop or search. Many cases are resolved through negotiation with the prosecutor, which can lead to reduced charges, diversion programs or dismissal. Others go to trial.
Why a criminal defense lawyer matters
A criminal record can affect your job, housing, immigration status, professional licenses and right to own firearms. An experienced criminal defense lawyer can:
- Explain the charges and the possible penalties
- Protect your rights during questioning and in court
- Challenge evidence that was obtained illegally
- Negotiate with prosecutors for a better outcome
- Advise you on whether your record can later be sealed or expunged
Contact a lawyer as early as possible, ideally before you speak with investigators. If you have already spoken with police, tell your lawyer exactly what you said.
Find a Criminal Defense lawyer near you
Browse Criminal Defense lawyers on NearLawyers, or choose your state to see lawyers grouped by city. You can also search by legal issue and location from the home page. Searching and contacting lawyers through NearLawyers is free.
