What happens next
Arrested: what happens next, step by step
What usually happens after an arrest, from the arrest itself to the first court date, and your rights at each step.
An arrest is not a conviction. You keep your rights at every step, and you will get a chance to see a judge.
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Step 1 of 7 · The first minutes
The arrest
What usually happens
- An officer tells you that you are under arrest. You may be handcuffed.
- Police can search you and the area right around you.
What you can do
- Do not resist, run, or argue, even if you think the arrest is wrong.
- Say clearly that you want to stay silent and want a lawyer. Then stop talking.
- Police generally need a warrant to search your phone.
Say“I am exercising my right to remain silent. I want a lawyer.”
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Step 2 of 7
Questioning and Miranda warnings
What usually happens
- Before police question you in custody, they must tell you your rights. These are called Miranda warnings.
- If they don't, what you say may not be usable at trial. The arrest itself can still stand.
What you can do
- You can stop talking at any time. Say out loud that you want to stay silent.
- If you clearly say "I want a lawyer," police must stop questioning you. Words like "maybe" may not count.
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Step 3 of 7 · A few hours
Booking
What usually happens
- At the station, police take your fingerprints and photo.
- They take your belongings and list them.
- They ask basic questions, like your name, address, and date of birth.
What you can do
- Answering basic booking questions is normal. Do not talk about what happened.
- Ask for a receipt for your belongings.
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Step 4 of 7
A phone call
What usually happens
- Many states give you a phone call after booking. The rules differ by state.
What you can do
- Call someone who can help you find a lawyer or arrange bail.
- Jail phone calls are usually recorded. Do not talk about your case on them.
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Step 5 of 7 · Usually within a day or two
Seeing a judge
What usually happens
- If you were arrested without a warrant, a judge must review your arrest, usually within 48 hours. Weekends count.
- The judge tells you the charges and decides on bail or release.
What you can do
- If you cannot afford a lawyer, ask for one. A judge can't send you to jail unless you had a lawyer or gave up that right.
- The Eighth Amendment bans excessive bail.
Say“I can't afford a lawyer. I would like a public defender.”
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Step 6 of 7
Talking with your lawyer
What usually happens
- Your lawyer explains the charges and your choices.
What you can do
- Tell your lawyer everything. What you tell your lawyer is private.
- If you are not a U.S. citizen, tell your lawyer. Your lawyer must tell you if a plea could lead to deportation.
- Do not plead guilty before you talk with a lawyer.
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Step 7 of 7
What comes next
What usually happens
- The case may be dropped, settled with a plea deal, or go to trial.
- You have the right to a speedy, public trial. If the crime can bring more than six months in jail, you can have a jury.
What you can do
- Go to every court date. Missing one can lead to a new arrest warrant.
- Keep copies of every paper you get.
Common questions
How long can police hold me before a judge reviews my arrest?
If you were arrested without a warrant, generally no more than 48 hours, weekends included. The Supreme Court said this in County of Riverside v. McLaughlin (1991). Some states require it sooner.
What if police didn't read me my rights?
Your statements during questioning may not be usable at trial. The arrest can still be valid. A lawyer can tell you what it means for your case.
Do I get a free lawyer if I'm arrested?
If you can't afford one, ask the judge for a public defender. Under the Sixth Amendment, a judge can't send you to jail unless you had a lawyer or gave up that right.
I'm not a citizen. What should I tell my lawyer?
Tell your lawyer you are not a U.S. citizen. In Padilla v. Kentucky (2010), the Supreme Court said lawyers must warn clients if a guilty plea could lead to deportation.