WHAT SHOULD I DO AFTER BEING ARRESTED?

During an incident that results in your arrest, you may be very frightened, confused, and anxious. You may not know what your next steps are, and you may be unsure as to how to handle the process.  

No matter the details of your arrest, you should be aware of what to do after being arrested, including what you should do after being handcuffed and after being released from jail. Knowing what to do after being arrested can help you get the best results from your case as well as help you stay as comfortable and calm as possible.

What should I do after being handcuffed?

Typically, when you are arrested and handcuffed, you’ll be informed as to why you’re being arrested and police officers will try and question, or continue questioning you. If you are arrested, and the police officer wants to question you, the law requires the police first give you Miranda warnings, which include:

• Your right to consult with an attorney before and during questioning, and if you can’t afford one, the right to have one appointed to represent you;
• Your right to remain silent and/or cease questioning at any time; 
• The fact that anything you say may be held against you in a court of law should you waive your rights and agree to speak with officers.
• Your right to assert any of these rights at any time.

If you haven’t been informed of these rights by your arresting officer(s), your answers during questioning cannot be used against you in court. Additionally, you will never want to waive your Miranda rights. If you choose to remain silent and exercise your right for legal representation throughout the process, give only necessary identification information, such as your full name, address, and birthday—nothing more.

While you can and should exercise your rights, don’t take this as an excuse to act out against the authorities. To help your case, be police to the police while maintaining your right to an attorney and right to remain silent and don’t physically resist their right to arrest you. This will make the arrest go as smoothly and as pain-free as possible. Resisting the arrest can result in additional charges and injuries, which is never the goal.

 During questioning, never lie to a police officer. Exercise your right to remain silent by simply stating that you are choosing to remain silent and would like to talk to an attorney before you answer any questions. A police officer may try to get you to talk further, but don’t let them coax you into doing so.

You will then be booked and detained at the local jail. You will need to provide your basic information, such as your name, address, and birthday, and you will be fingerprinted and photographed.

While detained, keep to yourself and do not discuss anything with any other inmates. Do not discuss any details about your arrest over the phone to a family member or friend—your conversations are recorded and will be used against you.

You’ll be able to make a phone call to a family member or friend, as well as a bail bondsman and attorney. If you can’t afford to hire an attorney to represent you during your case, utilize a public defender.

If you have dependents, you may talk to a social worker, who will help make sure your children are taken care of by a legal guardian or family member during your stay in jail. You may need to ask a family member to inform your boss that you will not be coming to work.

If you are able to, post bail and agree to appear in court to resolve your case. 

What should I do after being released from jail? 

If you have been arrested for a crime that allows you to post bail rather than go directly to court, it’s good to be sure of your next steps. You may be uncertain of your future, what your case may involve, and what consequences you face. 

With bail, you have agreed to appear in court, and it is necessary to do so. If you fail to appear in court, a warrant will be issued for your arrest, and your bail will not be refunded to you. This can also result in additional charges and warrants.

Before saying anything to anyone about your case or making any decisions regarding your case, seek the help of a criminal defense attorney.   

Contact The Johnson Firm After Your Arrest 

If you’ve been arrested, talk to The Johnson Firm now. We will help you choose the right path forward and fight to get the best results for your case. We are a skilled criminal defense firm that is a trusted name in the Lake Charles area.

Don’t wait to schedule your consultation and get help with your case – call (337) 433-1414 or send us a message now!