An arrest sets off a process that moves quickly. Knowing the usual steps can help you protect your rights and avoid mistakes.
The usual sequence
- Arrest and search incident to arrest.
- Booking, where you are photographed, fingerprinted and your information is recorded.
- A decision on release, with or without bail, or holding you until a hearing.
- First court appearance or arraignment, usually within a day or two.
- Pretrial hearings, discussions with the prosecutor and possibly a plea or trial.
What to do
- Stay calm and do not resist.
- Say clearly that you want to remain silent and want a lawyer.
- Do not discuss the case with police or other inmates.
- Do not discuss the case on jail phones, which are usually recorded.
- Give your name and basic identity information.
Getting a lawyer
If you cannot afford a lawyer and face possible jail time, you have a right to a court-appointed lawyer, often a public defender. Ask for one at your first appearance.
After release
Follow all release conditions exactly, such as showing up to court and avoiding contact with certain people. Missing a court date can lead to a warrant and additional charges. Keep all paperwork and write down what happened while it is fresh.
Frequently asked questions
Do police have to read Miranda rights at arrest?
Only before custodial questioning. An arrest can occur without them.
How long can I be held?
Rules vary, but most states require a prompt appearance before a judge, usually within 24 to 72 hours.