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What should I do if I am arrested?

Being arrested is never a pleasant experience. When you are arrested, your “to do” list should really focus more on what not to do. Even if you are falsely accused, remain calm and deal politely with law enforcement personnel. This does not mean that you should give them a confession: simply be courteous. Many officers will be recording you with their body microphones, so the more respectful you appear, the more a jury is likely to believe your version of events. Cursing and threatening officers when you are arrested will only make the situation worse and could possibly result in additional charges filed against you.

In addition to acting respectfully, you should also always properly identify yourself during the arrest. This is especially important if you have nothing to hide. Giving false information to the authorities will make you look more suspicious and, again, could result in additional charges. Even minor traffic stops can result in felony charges being filed against you if you provide a false name or other identifying information.

Once you get to the jail and enter the book-in process, try to make arrangements for bond and for an attorney. Many jails will post lists of approved bondsmen. You will also be allowed to make phone calls to arrange for representation. If possible, make bond and then start looking for an attorney immediately. Many people bond out, don’t hear anything about their case for a while, and then don't start looking for an attorney until several months later - usually after they've received a court summons. But you should try to have an attorney by your first court date, as nothing aggravates a judge more than delays. Further, the sooner you have representation, the sooner s/he can take the necessary steps to preserve evidence and formulate your defense.

You should also keep your general “don't do” list in your thoughts. A list of things to not do when you are arrested includes:
  • Making statements to the law enforcement officer in the belief that if you cooperate the officer will let you go (it is already too late once an arrest has occurred).
  • Attempting to bribe the officers—even indirectly—as they arrest you. Bribery is a felony in most states.
  • Consenting to a search of your car. If they want to look, it is the officer’s job to develop probable cause. You are not required to do their job for them. If the officer asks why you don’t want your car searched, tell them you want a lawyer present before they continue any questioning.
  • Talking to other people about your case. They can be called by the state to testify against you. Talk only to your attorney about your case.
  • Answering questions asked by law enforcement officers or other officers of the court, unless advised to do so by your attorney.
  • Going to meetings with law enforcement alone. Have your attorney present during any lineup or administration of a test (such as drawing a blood sample for further testing).
Thousands of people are arrested every day with minimal issues. If you remain calm, you can prevent multiple additional charges from being successfully filed against you. If you are concerned that officers violated your rights during your arrest, tell your attorney so that your attorney is fully aware of the circumstances of the arrest. Sometimes, evidence may be excluded or whole cases may even be dismissed based on violations of the constitutional rights of the accused before, during, or subsequent to an arrest.