An arrest is one of the most frightening experiences a person can face. Your actions in the first few minutes can have profound consequences on the outcome of your case. Understanding your rights is not just helpful — it is essential.
Step 1: Stay Calm and Do Not Resist. Resisting arrest — even if you believe the arrest is unlawful — can result in additional charges and escalate the situation dangerously. Comply physically while asserting your rights verbally.
Step 2: Invoke Your Right to Remain Silent. Clearly state, "I am invoking my right to remain silent." Then stop talking. Anything you say can and will be used against you. This right exists precisely for moments like this.
Step 3: Ask for an Attorney Immediately. Say clearly, "I want an attorney." Police must stop questioning you once you make this request. Do not answer any questions about the incident without your lawyer present.
Step 4: Do Not Consent to Searches. You have the right to refuse consent to search your person, vehicle, or home. Politely but firmly state, "I do not consent to a search." This does not prevent police from searching under certain circumstances, but it preserves your legal options.
Step 5: Contact a Criminal Defense Attorney. As soon as you are permitted to make a phone call, contact an experienced criminal defense attorney. The earlier an attorney is involved, the better your chances of a favorable outcome.