What Should I Do If I Am Arrested?

Man getting 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.

Don't Resist

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.

Don't Talk

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 Happening

If 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.

Arrange 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.