An arrest is frightening and moves fast. The first 24 hours can shape what happens next. This guide explains what generally occurs and what to do, for the person arrested and for family members. It is general information, not legal advice.
If you are being arrested
- Stay calm, do not resist and do not run.
- Say: "I am invoking my right to remain silent. I want a lawyer."
- Do not answer questions, explain or argue.
- Do not consent to searches of yourself, your car or your phone.
- Do not discuss the case on jail phones, which are usually recorded.
What happens next
- Booking: fingerprints, photos and a record of your belongings.
- A chance to make a phone call, often limited.
- A bail determination or first appearance before a judge, often within a day or two.
- Charges are explained and a lawyer may be appointed if you cannot afford one.
- Release on bail, bond, your own recognizance or conditions, or continued detention.
What family can do
- Find out where the person is held and the charges, through the jail locator or by calling.
- Do not discuss the case with the person on recorded calls.
- Contact a criminal defense lawyer or ask about the public defender.
- Gather information on employment, children and medical needs the person has.
- Learn bail options before paying anyone.
Bail and release
Judges decide bail based on factors such as the charge, risk of flight and public safety, though many places use other release options. Bail bondsmen charge a nonrefundable fee, often a percentage. Understand the terms and obligations before signing. See our guide to bail and bond.
Hiring or getting a lawyer
If you can afford one, hire an experienced criminal defense lawyer as soon as possible. If not, ask the court to appoint a public defender at your first appearance. Be honest with your lawyer, since the conversations are privileged.
Protect your job, family and records
Arrange childcare, notify an employer if necessary and keep copies of all court papers. Follow all release conditions strictly, since violations can lead to re-arrest.
Avoid common traps
Do not post about the arrest on social media, contact the alleged victim or witnesses if there is a no-contact order or discuss facts with cellmates. Do not sign anything you do not understand.
Real-life scenarios
- A person invokes their rights and waits for a lawyer before answering questions.
- A family locates the person through the jail inquiry system and arranges counsel.
- A defendant follows release conditions and attends every hearing.
Common mistakes to avoid
- Talking to police without a lawyer.
- Discussing the case on jail phones.
- Using unlicensed bail providers.
- Contacting the complainant against orders.
- Missing court dates.
- Posting online.
Questions to ask a professional
- What are the charges?
- What are the release options?
- Do I qualify for a public defender?
- What conditions apply if I am released?
- What are the next court dates?
A practical action plan
- Invoke your rights.
- Locate the person and learn the charges.
- Get a lawyer or public defender.
- Attend the first appearance and discuss release.
- Follow conditions and keep all court dates.
Terms you may hear
- Booking: the jail intake process.
- Arraignment: the first court appearance where charges are read.
- Bail: money or conditions to secure release.
- Own recognizance: release on a promise to appear.
- Public defender: a court-appointed lawyer.
Preparing for the first appearance
Be ready with information about your job, family, housing and ties to the community, since judges consider these when setting release conditions. A lawyer or public defender can present them. Dress neatly if you are able and answer only questions from the judge about identity and eligibility for a lawyer.
Handling practical details
Arrange childcare, pets, medications and work obligations, and ask family to handle bills and notify employers if needed. Keep a list of phone numbers because you may not have access to your phone in custody.
After release
Follow every condition, including check-ins, testing and travel limits. Keep all court papers in one folder and attend every date. Do not discuss the facts with anyone but your lawyer, and avoid contacting alleged victims or witnesses if prohibited.
Frequently asked questions
Should I answer police questions after arrest?
No, ask for a lawyer.
How soon do I see a judge?
Often within a day or two.
Do I get a free lawyer?
If you cannot afford one, the court can appoint a public defender.
Are jail calls recorded?
Usually yes.
What if I miss court?
A warrant can be issued and bail revoked.