What Should I Do If I Am Arrested?
Unless you have been through the process before, being arrested is a frightening experience. Because you probably never planned to be charged with a crime you likely never gave any thought to what should happen during and after an arrest. The manner in which you handle the actual arrest process and what you do immediately after being arrested, however, is extremely important and may have a direct impact on how your case is ultimately resolved. No two situations are identical; however, the following tips apply to most situations.
If an officer has an arrest warrant, or has already made the decision to arrest you without a warrant, resisting or arguing can only make the situation worse. Don't give an officer a reason to treat you poorly during the arrest process.
Although resisting or arguing is pointless, that doesn't mean you should be helpful, either. Do not talk to the police or anyone else involved in the case until you have consulted with an attorney. Aside from providing basic identifying and contact information you should not answer any questions posed by the police or a prosecuting attorney while you are under arrest.
Let Someone Know What Is HappeningIf you are able, let a spouse, parent, or family member know what is happening. Your family member can then contact an attorney and start putting together the funds needed to post your bail.
Your primary concern right after being arrested will likely be your release. If you are able to post the initial bail amount set you should be released within about 12 hours. If the bail amount it too high, your attorney may be able to get it reduced at your arraignment or at a bail reduction hearing.
Retain an Attorney
As a defendant you have a number of rights that apply throughout a criminal prosecution. Only an experienced New York City criminal defense attorney can ensure that those rights are protected. Your attorney becomes your voice throughout the prosecution of your case.
Though it may be difficult, remaining calm and level-headed during the arrest process is in your best interest. You cannot change the fact that you were arrested; however, you do have control over what happens from here on out. Hiring an experienced New York City criminal defense attorney is the most important step after your arrest to ensure that you, and your future, are protected.
Arrested? Hurt in Accident?
Get Help 24/7
- Am I Allowed to Represent Myself in My New York DWI Case? Why Should I Hire an Attorney?
- Can I Do a Treatment Program in New York City?
- Can I Use Mouthwash to Avoid DWI in New York City?
- Can the Police Search Your Home Without a Warrant in New York?
- Do You Know Your Rights?
- Do You Need a Lawyer before You're Charged?
- DWI Stop -- How Do I Respond When Asked If I Have Been Drinking?
- Free Report: Who will be on the Jury for my Criminal Jury Trial in New York?
- Free Report: Are You Eligible for Drug Court in New York?
- Free Report: Constructive Possession in New York - What It Is and Why It Matters
- Holiday DWI Checkpoints in New York
- How Can I Get Evidence Thrown Out or Suppressed in New York?
- How Can You Defend Someone You Know Is Guilty?
- How Long Can I Go to Jail for Selling Drugs in New York?
- How Much Will a DWI Lawyer Cost in New York City?
- How Often Do Medical Errors Occur?
- If a Police Officer Asks You to Take a Field Sobriety Test What Should You Do?
- I Was Caught Smuggling Drugs – Will I Go to Federal Prison?
- I Was Notified of a Probation Violation Hearing in New York. Do I Need an Attorney?
- My Lawyer Told Me to Refuse the Chemical Test in New York, Is that Right?
- New York Construction Sites Accidents: Fatalities and Safety Violations [Infographic]
- Penalties for Alcohol and Drug-Related Driving Violations in New York [infographic]
- Should I Take a Breathalyzer Test in New York?
- Should I Talk to the Police or Prosecutor after I am Arrested in New York or New Jersey?
- The Crime of Rape in the State of New York
- Top Five Mistakes Defendants Make in a New York DWI Case
- Types of Medical Errors
- What Are Pre-Trial Hearings?
- What Are the Penalties for Possession or Sale of Marijuana in New York?
- What Are the Possible Defenses to a DWI Charge?
- What Are the Possible Defenses to New York Sex Crimes Charges?
- What Are the Possible Defenses to the Sale of Drugs in New York?
- What Are the Possible Penalties for Drug Possession in New York?
- What Are the Possible Penalties for DWI in New York?
- What Behavior and Patterns the Police Look for When Searching Out Intoxicated Drivers
- What If the Police Didn't Read Me My Rights before Arresting Me for DWI in New York?
- What Is a Line-Up and Show Up?
- What Is a Misdemeanor DWI in New York City?
- What Is an Arraignment In New York?
- What Is an Illegal Search in New York?
- What Is a Search and Seizure in New York?
- What Is a Sentence Enhancement in New York?
- What Is a Wrongful Death Case?
- What Is Boating While Intoxicated in New York?
- What Is Constructive Possession?
- What Is the HGN Test?
- What Is the Officer Looking For When the Officer Asks Me to Follow a Pen Light?
- What Is the Punishment for Possession of Cocaine in New York City?
- What Is the Punishment for Possession of Oxycodone in New York City?
- What Takes Place at a Criminal Trial?
- Who Will Be on the Jury for My Criminal Jury Trial in New York?
- Will I Be Drug Tested in Court in New York?