Arrested: what to do right now
Say that you want to remain silent and that you want a lawyer, then stop talking about the case. Do not explain, do not argue, and do not sign a statement. The steps below are what happens next and how to protect yourself until a lawyer is with you.
The first thing to do
If you are under arrest, say two sentences and then stay quiet about the case: "I want to remain silent. I want a lawyer." Police must give you warnings before custodial questioning: that you have the right to remain silent, that anything you say can be used as evidence, and that you have the right to a lawyer [1]. If you say you want to remain silent, the questioning must stop; if you say you want a lawyer, it must stop until a lawyer is present [2].
Say it out loud and say it clearly. In one Supreme Court case, staying silent was not enough on its own to use the right to remain silent [3]. Use the words.
Once you have asked for a lawyer, do not start a new conversation about the case yourself. Police may not question you again until a lawyer is made available, unless you are the one who starts talking [4].
Four things not to do
- Do not talk to the police about the case without a lawyer, even "off the record."
- Do not talk about the case on any phone call from the station or the jail. Assume every call is recorded.
- Do not contact the person who made the complaint, directly or through friends.
- Do not post about the arrest or the case anywhere online, and ask your family not to either.
Your phone
Do not unlock your phone for the police or hand over your passcode. Police generally need a warrant to search the data on a cell phone taken during an arrest [5]. Do not physically resist if they take the phone. Say that you do not agree to a search, and leave the rest to your lawyer.
What happens in the first hours
After an arrest you are booked and then brought before a judge. How fast that has to happen depends on the court.
New York
After an arrest without a warrant, police must bring you before a local criminal court without unnecessary delay, and a charging document has to be filed [6]. That first court date is the arraignment.
New Jersey
If you stay in custody after a complaint is filed and no detention motion has been filed, you must see a judge who can set release conditions within 48 hours of being committed to the county jail [7].
Florida
Unless you were already released, you must be taken before a judge, in person or by video, within 24 hours of arrest [8]. At that first appearance the judge must tell you the charge, that you do not have to say anything, and that you can talk to a lawyer, family or friends [9].
Pennsylvania
After an arrest without a warrant, you must be given a preliminary arraignment without unnecessary delay [10]. There you are told about your right to a lawyer and the type of release and bail conditions, if the charge is bailable [11].
Federal court
A person arrested on a federal charge must be taken before a magistrate judge without unnecessary delay [12]. At the initial appearance on a felony, the judge must tell you about the complaint, your right to a lawyer, and your right not to make a statement [13].
The arraignment page explains that first court date in more detail, and the bail and release page explains how a judge decides whether you go home.
Before you see a judge
- Ask for a lawyer each time anyone asks you about the case, including after you are moved to a new place.
- Do not discuss the case with anyone in the holding cell. They are not your lawyer.
- Give your name and the basic booking details you are asked for. Do not add anything about what happened.
- Do not sign anything that describes the events, even if you are told it will speed things up.
- If you take medication, tell the staff. Your health comes first.
If you were not arrested but the police want to talk to you, read the police want to talk to me. If someone you love was arrested, read a family member was arrested. If you were already on probation when you were arrested, also read after a conviction.
To see the usual order of steps in your court, use What happens next. Each court also has its own page: New York, New Jersey, Florida, Pennsylvania and federal court.
Common questions
Should I tell the police my side of the story so they let me go?
No. Do not try to talk your way out of an arrest. Say that you want to remain silent and that you want a lawyer, and then stop talking about the case. Your side of the story is something to tell your lawyer first, in private.
Can I use the phone call to explain what happened?
Use any call to reach a lawyer or a family member who can call one. Treat every call from a police station or jail as recorded and do not talk about the facts of the case on it.
What should my family do right now?
Have them call a criminal defense lawyer, write down where you were taken, and stay off social media about the arrest. Our page for families walks through each step.
Sources
- Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
- Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
- Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
- Edwards v. Arizona, 451 U.S. 477 (1981). Current as of November 11, 2026. Official text
- Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law ยง 140.20(1) (rev. 2024-09-06). Current as of November 11, 2026. Official text
- N.J. Ct. R. 3:4-2(a)(1) (amended eff. June 8, 2020). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.130(a) (Oct. 1, 2026 ed.). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.130(b)(1). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 519(A)(1) (amended 2013). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 540(F). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(a)(1)(A). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 5(d)(1). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.