What Should I Do If I Am Arrested?

Do not resist arrest, even if you believe the arrest is unfair.

Do you know what to do if you are arrested? Tell the police that you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without consulting with a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer but might be listening if you are calling family or friends so be careful what you say.

Do you know what to do if you are arrested? I recommend that you use your call to contact the person most likely to bail you out. That might be a parent, sibling, spouse, or close friend. You will most likely not have access to your cell phone contacts so make sure you have the phone number of that one special person memorized. That person will need to know where you are being held and whether the bail commissioner is permitting your release on bail. If you are being released on bail, that person will need to bring the full amount in cash plus a $40 bail commissioner’s fee to the station. If you are released, you will need to appear in court on the next business day at 9:00 a.m. If you do not appear in court as instructed, a warrant will issue for your arrest. If you are not released from the station you will be brought to court on the next business day by the police.

Even if you are bailed out from the station and walk into court as instructed on the next business day, the prosecutor may still ask for bail on your criminal case. You need a lawyer who will fight for you with you in that courtroom. If you cannot call my office, have a loved one do it for you.