What to do if you or a loved one has been arrested or is being held
Being arrested is frightening, and the choices you make in the first hours matter. Here is clear, practical guidance on protecting your rights while you get a lawyer involved.
Do this
Say you are staying silent and ask for a lawyer
You have the right to remain silent and the right to a lawyer. To use these rights, you generally need to say so clearly. State out loud that you are remaining silent and that you want a lawyer, then stop talking about the case.
Do not agree to questioning without a lawyer
You do not have to answer questions or sit for an interview without a lawyer present. Politely decline and wait for counsel, even if officers seem friendly.
Be careful on jail calls and visits
Phone calls and visits at the jail are usually recorded and can be used as evidence. Do not discuss the facts of the case on them.
Write down what happened while it is fresh
As soon as you can, write down what happened, who was there, and what was said. Small details fade fast and can help your defense later.
If it is a loved one, find them and learn the charges
Find out where they are being held and what they have been charged with. Avoid discussing the facts of the case on recorded jail calls.
Call a lawyer as early as you can
A lawyer can step in early, appear with you at arraignment, and address bail. The sooner counsel is involved, the more they can do.
Do not
- Do not discuss the case with police or detectivesWithout a lawyer present, do not explain, defend, or describe what happened. Anything you say can be used against you.
- Do not discuss the case on jail phones or visitsAssume every call and visit is recorded. Save any talk about the case for your lawyer in a private setting.
- Do not post about the case on social mediaPosts, photos, and messages can be seen by others and used as evidence. Do not write about the arrest or the case online.
- Do not consent to searches or interviewsYou can decline to consent. Do not sign anything or agree to questioning until you have spoken with a lawyer.
This page provides general information about legal rights. It is not legal advice. Contacting Carter & Carter Law, by itself, does not create an attorney-client relationship. For advice about a specific situation, speak with a lawyer.