What to Do if You're Arrested

Getting arrested is a scary and traumatic experience. Being placed under arrest is a confusing and high-stress situation, and it can be challenging to know what to do. Understanding your rights and knowing what to do if you’re arrested can help minimize the confusion, protect your rights, and set you up to obtain the best possible outcome in your situation.
Know Your Rights When Getting Arrested
In the United States, we enjoy certain rights guaranteed under the Constitution. Police and other law enforcement officers must follow the law and respect these rights when they place someone under arrest. When you are getting arrested and are charged with a crime, do your best to remember your rights and how they apply, and what to do if you’re arrested.
Stay Calm
If you are getting arrested, staying calm is one of the most important things you can do. Don’t argue. Don’t fight back. Don’t make any sudden or hostile movements.
The Right to Remain Silent
A person who is getting arrested has the right to remain silent. The right to remain silent is a cornerstone of the American legal system. It means you do not need to speak with the police when they question you. Tell the police officer you are asserting your right to remain silent and ask to speak to an attorney.
The Right to an Attorney
Under the Sixth Amendment to the U.S. Constitution, you have the right to an attorney. When you are getting arrested, tell the police that you will not answer any questions until you speak to an attorney. At that point, the police should stop asking you questions. But if they do not, you should refuse to make any statements and tell them you are asserting your right to remain silent and wish to speak to a lawyer.
What Not to Do When Getting Arrested
Perhaps more important than what you should do when getting arrested are the things you should not do.
Don’t Resist Arrest
Resisting arrest occurs when a person who is getting arrested does something that interferes with a police officer’s ability to perform their duties. If the police officer believes you are resisting arrest, they may use force to get you to comply, and you could face additional criminal charges. In the most severe cases, someone who is resisting arrest can be seriously injured or even killed.
Don’t Consent to a Search
A police officer has the right to conduct a search incident to arrest. This generally involves searching the area immediately around the suspect to check for weapons or anything that could endanger the police officer’s safety. But if the police ask to search your home or apartment, your car, your person, or your property, clearly tell them that you do not consent to a search. If the police officer conducts the search anyway, there is nothing you can do. But by not giving consent, your lawyer can challenge the legality of the search and any evidence that was obtained.
Don’t Show Police the Contents of Your Phone
When a person is getting arrested, police might ask them to provide their phone password or share the contents of their phone. While the police officer might be able to take your phone, they do not have the right to search it without a warrant. In most situations, the police cannot force you to unlock your phone. Be sure to ask to speak to a lawyer, and turn your phone off or lock it before you give your phone to the police.
Don’t Talk to Anyone Except Your Lawyer
While you are getting arrested and are in jail, don’t talk to anyone other than your lawyer. Anything you say to the police or that they overhear will be used against you. Conversations with friends and family or other people in your cell are not confidential and can be used against you. Assume that any conversations you have while in jail — whether in person or over the phone — are being recorded. Do your best not to say anything at all.
Can You Record the Police While You’re Getting Arrested?
Recordings of police officers acting badly while placing someone under arrest have made headlines across the country. In many cases, the First Amendment allows someone who is getting arrested to record a police officer. But that does not mean it is always legal to do so.
If you are getting arrested, be on the lookout for witnesses who may be recording what is happening. This evidence may or may not be admissible in court. But it could be useful if the police use excessive force or violate your rights in other ways. Nonetheless, beware that recording police could violate some laws, and people who record police placing someone under arrest could face criminal charges themselves.
Don't Know What to Do When You're Arrested? Contact The Lebedevitch Law Firm Now
Getting arrested is an upsetting and traumatic event. If you are under investigation or facing criminal charges, you should contact an experienced criminal defense attorney as soon as possible.
Connecticut criminal defense attorney Stephen Lebedevitch can protect your rights, negotiate the terms of the interview, review anything you intend to turn over to the police, and help you avoid doing something to incriminate yourself.
Contact The Lebedevitch Law Firm today by calling 203-580-6558, emailing stephen@leb-law.com, or completing our online form.