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What to Do If You Are Arrested

Just been arrested or worried about a loved one? Here's a general, calm overview of what typically happens and what to do first.

Stay calm and exercise your right to remain silent

Beyond providing basic identifying information, you generally have the right to remain silent and should avoid discussing the details of what happened until you've spoken with an attorney.

Ask for an attorney clearly and immediately

Clearly stating that you want an attorney is generally an important step that should happen as early as possible, ideally before answering any substantive questions.

Understand the booking and release process

After arrest, you'll typically go through booking, and depending on the charge and your state, may be held until sober, released on your own recognizance, or given the option to post bail.

Note your court date and any conditions

You'll typically receive paperwork with your first court date (often an arraignment) and any conditions of release. Missing a court date can create additional legal problems on top of the original charge.

Contact a licensed attorney as soon as possible

Because early decisions can affect the entire case, reaching out for a free, confidential case review as soon as possible after an arrest generally preserves the most options.

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Frequently asked

Do I have to answer police questions?
Beyond basic identifying information, you generally have the right to remain silent. It's usually wise to state clearly that you want an attorney and avoid further discussion until you have one.
What happens if I miss my court date?
Missing a court date can generally result in an additional charge or a warrant for your arrest, on top of whatever the original matter was. Contact an attorney immediately if this happens.
General legal information for educational purposes only — not legal advice, and no attorney-client relationship is created. Laws, deadlines, and procedures vary significantly by state; confirm details with a licensed attorney in your state.

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