If You're Arrested

Being arrested is frightening, but you have constitutional rights that protect you. Knowing them helps you stay safe and protect your case.

Critical

Anything you say can be used against you. Exercise your right to remain silent and ask for an attorney immediately. These rights exist to protect you — use them.

Your Rights During Arrest

Right to Remain Silent (5th Amendment)

You do not have to answer any questions. Say: "I am exercising my right to remain silent." Then stop talking. Silence cannot be used against you if you clearly invoke it.

Right to an Attorney (6th Amendment)

You have the right to an attorney. If you cannot afford one, one will be appointed. Say: "I want to speak to a lawyer." Questioning must stop until your attorney is present.

Right to Know the Charges

You have the right to be told why you're being arrested. You also have the right to a hearing before a judge within a reasonable time (usually 48-72 hours).

Right to Make a Phone Call

After booking, you generally have the right to make phone calls. Use this to contact an attorney or family member who can get you an attorney.

What to Do

1

Stay Calm

Do not run, resist, or argue. Keep your hands visible. Physical resistance can lead to additional charges and danger.

2

Invoke Your Rights Clearly

Say: "I am exercising my right to remain silent. I want to speak to a lawyer." Then stop talking.

3

Do Not Sign Anything

Do not sign any documents without an attorney reviewing them first. This is especially important for immigration-related documents.

4

Remember Details

Note officer names, badge numbers, and what happened. Write it down as soon as you can.

5

Contact an Attorney

Use your phone call to reach a lawyer or someone who can get you one. Do not discuss your case with anyone except your attorney.

What NOT to Do

  • Do not resist physically — even if you believe the arrest is unlawful
  • Do not try to explain or talk your way out — anything you say can be used against you
  • Do not lie — lying to police can be a crime; silence is better
  • Do not consent to searches — say "I do not consent" even if they search anyway
  • Do not discuss your case — not with cellmates, on jail phones, or in visits (except with your attorney)

Special Situations

Immigration Detention

If detained by immigration authorities (ICE), you have the right to remain silent and the right to speak with an attorney. However, you do NOT have the automatic right to a government-appointed attorney in immigration proceedings.

  • • Do not sign any documents, especially voluntary departure forms
  • • Do not discuss your immigration history
  • • Ask for a list of free legal services
  • • You can request a hearing before an immigration judge

Minors

Minors have the same constitutional rights as adults. They can remain silent and request an attorney. In many states, parents must be notified. Minors should not answer questions without a parent or attorney present.

Resources