If arrested, tell the law enforcement officer that you want to remain silent and request a lawyer. Do not answer any questions outside of your name if asked, as this is required in some states.
Immediately after being arrested, try to remain calm. Do not resist arrest. Follow police officers’ commands to reduce risk to yourself. Otherwise, officers do have the right to use reasonable and necessary force to overcome resistance when making an arrest.
You can ask what crime you’re being charged with or wait until your lawyer is present.
During this time, stay alert to everything that is happening.
- Remember as much as possible to share with your lawyer.
- Make sure a law enforcement officer read your Miranda Rights to you.
- Additionally, do not sign anything, answer questions, or make any decisions without an attorney present.
- Once you’ve arrived at the police station or detention facility and been booked, you are allowed a local phone call. Be aware, officers are not allowed to listen in on a call to a lawyer, but they can listen to a call to anyone else.
What should you do if you know in advance you may be arrested?
In some cases, you may have some advance warning or suspect you may be arrested.
In these situations, you can prepare by:
- Memorize the phone number of your lawyer and trusted family members
- Establish emergency plans for the care of children or pets if necessary
- Have a plan regarding any medication you take
