What to Do in Case of a Criminal Arrest: A Comprehensive Guide

Being arrested is a frightening experience, especially if you don't know what to do. In this comprehensive guide, we will walk you through the steps that you need to take in order to protect yourself and your rights.

There will be lots of new terminology and processes to learn, and a lot of it will come fast. This guide is designed to help you understand how a criminal arrest works, what rights you have, what could happen next, and how you can begin moving forward toward the best possible outcome in your case. Don't panic – follow these simple steps, and you will be able to get through this difficult time.

• Know the Rights You Have in the Event of an Arrest
• Keep Calm and Comply with Police Orders.
• Don't Fight with or Resist the Police Officers.
• Ask Why You Are Being Arrested.
• Don't Say Anything to the Police.
• Ask to Speak with a Lawyer Immediately.
• What Happens After You Are Arrested?
• Interrogation and Confessions.
• Release from Police Custody (Bail).
• Charges (i.e. Complaint or Information).
• Arraignment and Plea.
• Preliminary Hearing.
• Grand Jury Proceedings.
• Trial or Guilty Plea.
• Appeal.
• The bottom line

To start, know that you are not obligated to speak with law enforcement. You can choose to remain silent and exercise your constitutional rights. However, if you do speak with police officers, make sure that you are polite and respectful. You have the right to ask for an attorney at any time during the interrogation process. If you cannot afford an attorney, one will be appointed for you free of charge.

When you are arrested, the police must also read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. You have the right to ask for an attorney at any time during questioning, and it is important that you exercise this right if you feel like you are being interrogated or pressured in any way. 

Also read: What to Do If You Have Been Charged with a Federal Crime: A Guide

You also have the right to refuse consent to search your person or property unless there are exigent circumstances (like an ongoing crime scene). If the police don't have a warrant to search someone's home or car, they need permission from that person before conducting a search. If they try to search without permission and find something incriminating, any evidence obtained during that illegal search can't be used against them at trial — so once again: keep calm and comply with police orders!

You also have the right to a phone call. You can use this phone call to contact an attorney, a bail bondsman, or a loved one. The police are required to give you access to a telephone, and they cannot listen in on your conversations.

If you are arrested, it is important that you remain calm and collected. This can be difficult, but it is important to remember that anything you say can and will be used against you in a court of law. It is best to exercise your right to remain silent and wait until you have an attorney present before answering any questions.

In the event that you are arrested, it is important to remain calm and to comply with all police orders. Do not argue with the police or resist arrest, as this will only make the situation worse. The police report will be used as evidence in your case, so it is important to avoid making any statements that could be construed as admitting guilt.

If you are ordered to put your hands behind your back, do so. If you are asked to get into a police car, do so. Remember that the best thing you can do is to remain calm and comply with all police orders.



The law enforcement agency that arrested you, will take you to the police station for booking. This process includes taking your fingerprints, taking your mugshot, and searching your belongings. You will also be asked to provide basic information like your name and address.

The most important thing to remember when facing a criminal charge is that you should not fight with or resist the officer. From the beginning, you need to cooperate with the police and answer their questions honestly.

You should never lie to a law enforcement officer or try to hide evidence of your involvement in a crime. It's better to be honest than risk being charged with additional offenses.

When questioned by police, you have the right to remain silent and refuse to answer questions if you wish. However, this may make things worse for you in court. You should always consult with an attorney before deciding whether to talk to authorities about your case.

If you are arrested, don't make any statements until after speaking with an attorney.

You might also want to read: 5 Mistakes That Can Affect Your Criminal Defense Case

One of the most important things you can do when being arrested is to ask questions about your constitutional rights and obligations as an arrestee. That is because there are certain things that police cannot do if they don't follow proper procedures when arresting someone — like searching your body or vehicle without probable cause or consent from a judge or magistrate (called a warrant). Also, if police violate these rules during an arrest, evidence collected from that unlawful search may not be admissible against you at trial.

Keep in mind, however, that you should never lie to or obstruct a police officer during an arrest or investigation. Doing so can result in additional charges being filed against you.

As part of the booking process, you will be asked why you are being arrested. It is important to ask for the charges against you in writing. Once you know the charges, you can begin developing your defense strategy with your attorney. If the police do not have a warrant, they must tell you why you are being arrested. If they do have a warrant, they must show it to you. If you are not shown a warrant, ask to see one.

You will also be asked to sign a Miranda rights waiver form. This form indicates that you have been read your Miranda rights and that you understand them. You should only sign this form if you have spoken to an attorney and you understand your rights.

As stated in the Fifth Amendment to the United States Constitution, you have the right to remain silent when questioned by police. This right is known as " Miranda rights ."

You should exercise this right if you are arrested or detained by police. Anything you say to the police can be used against you in court. Even if you are innocent, it is easy to make a mistake or say something that can be misconstrued as admitting guilt.

It is important to remain calm and polite when dealing with the police, but you should never answer questions without an attorney present. The best thing you can do if you are arrested is to ask for a lawyer immediately and then remain silent until your attorney arrives.

Read: How a criminal record can impact your professional life?

In case of a criminal arrest, you must know your rights and be aware that you don’t have to say anything to the police if you don’t want to. You can request to speak with a criminal defense lawyer at any time during the police interrogation.

It is advisable that you do not say anything to the police without first consulting with an attorney. Once you ask for a lawyer, the police must stop questioning you until your attorney arrives. If you cannot afford an attorney, one will be appointed for you.

When someone is arrested, they enter a legal process. There are criminal charges, two kinds of courts, and two kinds of punishments: on the state level and on the federal level. This section outlines what happens after you are arrested.

After you are arrested, the police will likely try to question you about the crime. This questioning is called an interrogation. The police may try to get you to confess to the crime or give them information that implicates someone else in the crime.

It is important to remember that you have the right to remain silent and you should exercise this right if you are questioned by the police. As stated before, anything you say to the police can be used against you in court.

After you are arrested, the police will decide whether or not to release you from custody. If you are released, you will be given a date to appear in court. This is called being "released on your own recognizance."

If the police decide not to release you, they can set bail. Bail is an amount of money that you must pay in order to be released from custody. The bail amount is set by a judge and is based on the crime you are charged with, your criminal history, and whether or not you are a flight risk.

If you cannot afford the bail amount, you can contact a bail bondsman. A bail bondsman will post the bail amount for you in exchange for a fee.

After you are arrested, the prosecutor will file charges against you. The charges will be in the form of a complaint or information. A complaint is a document that alleges that you have committed a crime. It is filed by the police and signed by a prosecutor.

Information is similar to a complaint, but it is filed by the prosecutor instead of the police. The information will contain the charges against you and will be read in court.

The next step in the criminal process is the arraignment. The arraignment is a court hearing where the charges against you are read and you are asked to enter a plea. A plea is your response to the charges against you. You can enter a guilty plea, a not guilty plea, or no contest plea.

If you or the defendant pleads guilty, you are admitting that you committed the crime. If you enter a not guilty plea, you are denying that you committed the crime. Someone that pleads guilty or no contest cannot later change their plea to not guilty.

If you enter a no contest plea, you are neither admitting or denying that you committed the crime.

The jury trial is the most common type of trial, but there are other types of trials. For example, you may have a bench trial,  which is a trial where the judge decides whether or not you are guilty.

Whichever plea you enter, the judge will then set a date for your trial.

If you are charged with a felony, you will have a preliminary hearing. A preliminary hearing is a court hearing where the prosecutor must prove that there is enough evidence to charge you with a crime.

If the judge finds that there is enough evidence and the defendant committed a criminal offense, the defendant will be "bound over" and the case will be sent to trial. If the judge does not find enough evidence, the appellate court will dismiss the case. You must remember that the judge decides whether or not there is enough evidence, not the jury.

Usually, if the case proceeds by grand jury indictment, there will be no preliminary hearing.

If you are charged with a felony, you may also have to go through grand jury proceedings. Grand jury proceedings are when a group of people decide whether or not there is enough evidence to charge you with a crime.

A criminal case will only go to trial if the grand jury decides that there is enough evidence to charge you with a crime.

The next step in the criminal process is the trial. The trial is where both sides present their evidence and argue their case to a jury. The jury will then decide whether or not you are guilty of the crime.

If you are found guilty of the crime, the judge will sentence you in district court. The sentence is the punishment that you will receive for the crime. The trial court will also set the amount of bail.

If you plead guilty to the crime, you will be sentenced in district court. The sentence is the punishment.

If you are found guilty of the crime, you have the right to appeal your conviction. An appeal is when a higher court reviews the decision of a lower court. You must file your appeal within a certain amount of time after you are sentenced.

The appellate court will review the transcripts of the trial and decide whether or not the lower court made any errors. If the appellate court finds that there were errors, they may reverse your conviction or order a new trial.

If you are still not satisfied with the appellate court’s decision, you may be able to file a writ of certiorari. A writ of certiorari is a request for the United States Supreme Court to review your case. The Supreme Court will only review your case if they think that there were errors in the lower courts.

The criminal process can be long and complicated. It is important to have an experienced criminal defense attorney by your side every step of the way. If you or someone you know has been arrested, you are facing any kind of criminal cases or charges, please contact The Law Office of Rolando Cantu today for a free consultation.

We will review your case and answer any questions that you may have. Remember, you are innocent until proven guilty. The criminal process can be scary, but you don’t have to go through it alone. We are here to help.