Arrest
Your Rights If You're Arrested: What Happens Next
In this guide
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An arrest is stressful, but knowing the general shape of what happens next can help you stay calm and make good decisions.
Right after arrest
State clearly, once, that you wish to remain silent and want an attorney. Do not resist physically, even if you believe the arrest itself is unlawful — that's an issue for later, not the moment of arrest. Comply with instructions during handcuffing and transport.
Booking
You'll typically be booked — photographed, fingerprinted, and your personal information recorded. You may be allowed a phone call, though rules vary by jurisdiction and facility.
Arraignment and bail
You'll generally appear before a judge within a set window to hear the charges and enter a plea. Bail, if available, may be set based on the charge and other factors. An attorney can advise on your specific situation.
Your right to counsel
You have the right to an attorney, and if you cannot afford one, you may be entitled to a public defender. Until you have counsel, it's generally safest to say only that you wish to remain silent and want a lawyer.
This is general legal information for United States consumers, not legal advice. Police.id is not a law firm and using this site does not create an attorney-client relationship. Rights and procedures vary by state and by the specific circumstances of an encounter. If you are in a real encounter, prioritize your personal safety: stay calm, keep your hands visible, comply with lawful instructions, and assert your rights verbally rather than physically. Address any rights violation afterward with a licensed attorney.
Recommended resources
Frequently asked questions
Do I get a phone call after being arrested?
Rules vary by state and facility, but many allow at least one call; ask calmly and follow the facility's process.
Should I answer questions before I have a lawyer?
Generally it's safest to state that you wish to remain silent and want an attorney, then wait for counsel before discussing details.
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