What to Do and Not Do When Arrested?

Getting arrested is terrifying. Your mind races, your heart pounds, and panic can take over. But here's the thing — how you react in those moments can change everything. In this article, we'll break down what to do and not do when arrested, step by step. You'll learn how to protect your rights, avoid common pitfalls, and make smart moves that work in your favor. Whether it's your first encounter with law enforcement or you're supporting someone else, knowing what's legal, innovative, and safe makes all the difference.

Remain Calm and Composed

This is your first test — and possibly your most important one. Staying calm isn't easy when flashing lights surround you and voices get loud. But law enforcement officers are trained to react to tension. If you're agitated, aggressive, or overly emotional, the situation can escalate quickly.

Remaining composed does not mean being passive. It means keeping your cool, breathing deeply, and staying polite. A simple "I understand" or "I'm not resisting" can set the right tone.

Actress Reese Witherspoon's 2013 arrest in Atlanta is a classic example. While her husband was being detained for DUI, her attempt to interfere and emotionally challenge the officers only made things worse. It's a lesson: even celebrities don't get a pass, and your actions in the moment matter deeply.

Avoid Self-Incrimination

One of the biggest mistakes people make? Talking too much. You're not being rude by staying quiet — you're being smart. Anything you say can and will be used against you. The Fifth Amendment exists for a reason, and you're fully within your rights to use it.

You don't need to answer questions about where you were, who you were with, or what you were doing. Instead, calmly say: "I'm exercising my right to remain silent until I speak to my attorney." That's it. No explanations, no justifications. This isn't just good advice — it's a lifesaver.

A study by the Innocence Project showed that 25% of wrongful convictions involved false confessions. That number should shake you. Under stress, people say things they regret. Don't be one of them.

Do Not Resist Arrest

Even if you believe the arrest is wrong — and even if it is bad — don't resist. That includes running, jerking away, arguing, or physically pushing back. Resisting arrest can add a second criminal charge, even if the original one gets dropped later.

In 2020, viral bodycam footage showed a New York man getting tackled during what started as a minor misunderstanding. His resisting behavior led to excessive force, and though public opinion supported him, the legal process became longer and more complicated. Had he cooperated, the outcome might have been smoother.

Let your attorney fight the legal battle. Your job? Stay still, stay quiet, and stay smart.

Do Not Consent to Searches

Here's the truth: if officers ask to search you, your vehicle, or your home, they probably don't have a warrant. If they did, they wouldn't need your permission. So when they ask, they're hoping you'll say yes and make their job easier.

The best response? "I do not consent to a search." Say it clearly, respectfully, and firmly. Under the Fourth Amendment, they can't search you without either consent, probable cause, or a warrant. And if they do it anyway? That violation could help get your case dismissed.

Gather Pertinent Information

Even in chaos, you need to become an observer. Memorize badge numbers, patrol car numbers, and the names of arresting officers if possible. Take mental notes about the environment — time of day, bystanders, and what was said.

You might not have a pen, but your memory is a powerful tool. As soon as you can, write everything down or record it. These details can become key evidence in court or for your defense team. Don't assume someone else is keeping track — be your advocate.

Contact an Attorney Immediately

As soon as you're given the chance, ask for a lawyer. It's not just your right — it's your best move. Public defenders are overloaded but still legally required to represent you. If you have a private attorney, get their number memorized or saved.

Do not say anything without your lawyer present. Not to the police. Not to a detective. Not to a prosecutor. You might think cooperating will earn leniency, but often, it does the opposite. Let your attorney speak for you. They know the system better than you ever could.

Communicate with Family or Friends

Use your one phone call wisely. Call someone who can help — whether it's a parent, spouse, or close friend. Let them know where you are and ask them to contact a lawyer if you haven't already.

Avoid discussing case details over the phone. Calls from jail are often recorded and monitored. Just share the basics: where you are, what's happened, and who they should call. Then hang up and wait for your legal support.

Preparing for the Arraignment

The arraignment is your first formal court appearance. A judge reads the charges and asks how you plead. It's also when bail might be set.

Preparation is key. Dress neatly if possible. Be respectful. Let your attorney handle the talking unless you're spoken to directly. This is your chance to make a first impression on the court. Judges are human — and they pay attention to how you carry yourself.

Navigate Interactions with Law Enforcement

Law enforcement officers are trained to extract information. Even casual questions like "Where were you headed?" can be loaded.

Stick to simple responses. Don't argue. Don't joke. Don't share unnecessary details. They may seem friendly, but they're building a case — not a friendship.

Also, be aware of body language. Look cooperative without being submissive. Stand upright. Make eye contact. Respond clearly. Your demeanor can say as much as your words.

Document Police Misconduct

If you believe your rights were violated — excessive force, racial profiling, denial of medical care — document everything. Write it down as soon as possible. If there were witnesses, get their names and contact info.

Once you're out, file a complaint through the appropriate channels. Consider speaking with a civil rights attorney. Your documentation can contribute to internal investigations and spark legal action or reform.

We've seen real examples where smartphone footage changed the outcome — think of the George Floyd case. Your words matter too. Don't let them disappear into silence.

Utilize Resources for Legal Support

Legal aid societies, nonprofits, and community organizations exist for moments like these. Groups like the ACLU, NAACP Legal Defense Fund, or your local public defender's office can offer guidance and advocacy.

Also, many cities now have bail funds to help low-income individuals post bail. These networks can make a world of difference — especially if you're unfamiliar with the legal maze.

Tap into them. You're not alone.

Conclusion

Getting arrested isn't the end — but it can feel like it. What matters most is how you handle those first crucial hours. From staying silent to contacting a lawyer, each step can shift the outcome. Knowing what to do and not do when arrested isn't just good advice — it's a life skill. You can't always prevent an arrest, but you can control what happens next.