The only thing to say

If you are ever arrested, there is one sentence that protects you more than anything else you can say or do:

"I want a lawyer."
Say it clearly. Then stop talking completely. Do not answer any questions until your attorney is present.

Every seasoned criminal defense attorney will tell you the same thing: the vast majority of people who hurt their own cases did it by talking. Police are professionally trained to ask questions that sound friendly or casual but are designed to get incriminating statements. You are not required to respond. The moment you say "I want a lawyer," all questioning must stop by law.

Miranda rights explained

You've heard them on every TV show: "You have the right to remain silent..." This is the Miranda warning, required by the Supreme Court case Miranda v. Arizona (1966).

The Miranda Warning
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

Critical facts about Miranda:

  • Police must read it before custodial interrogation — not before arrest. They can arrest you, handcuff you, and put you in a car without reading your rights. They only need to read them before asking you questions while in custody.
  • If they interrogate you without reading Miranda, any statements you make can be thrown out of court — but the arrest itself still stands.
  • You must actively invoke your rights. Just staying silent isn't enough. You must say: "I am invoking my right to remain silent" and "I want a lawyer."

Common trap: After invoking your right to remain silent, officers sometimes continue talking — asking casual questions, being friendly, acting like you're chatting. Any answer you give can still be used against you. Invoke your rights and then say nothing. Zero words.

Your right to an attorney

The 6th Amendment guarantees your right to legal representation. This means:

  • You have the right to an attorney from the moment you're arrested
  • Police must stop questioning you the moment you ask for a lawyer
  • If you can't afford a lawyer, the court must appoint one for free (a public defender)
  • You should not make any decisions or sign anything before speaking to an attorney

If you can make a phone call, use it to call an attorney first — not family. An attorney can advise you on your situation and can often help make calls on your behalf.

The booking process

After arrest, you'll go through booking — an administrative intake process at the police station or jail. Here's what happens:

1
Search and inventory
Your belongings are searched and catalogued. Personal items like wallet, phone, and keys are held until release.
2
Fingerprinting and photos
Standard procedure. Your fingerprints and mugshot are recorded. You are required to comply with this part.
3
Charges are filed
The officer or prosecutor formally files charges. You'll be told what you're charged with — listen carefully and remember.
4
Phone call
You are typically entitled to at least one phone call. Use it to contact an attorney if possible. Jail calls are recorded — don't discuss your case on the phone.
5
Arraignment (within 48–72 hours)
Your first court appearance. You're formally charged, enter a plea (almost always "not guilty" at this stage), and bail is set. This is when you meet your public defender if you have one.

Understanding bail

Bail is money paid to the court as a guarantee you'll return for trial. If you show up for court, you get it back. If you don't, you forfeit it.

Pay bail yourself
If you or family can pay the full amount, you're released and get the money back after the case ends — regardless of outcome.
Bail bondsman
A bondsman posts bail for you for a non-refundable fee (usually 10%). You pay $500 for $5,000 bail — but you don't get that $500 back.
Own recognizance (OR)
Judge releases you without bail based on your ties to the community, criminal history, and charge severity. No money required.
Bail denied
For serious charges or flight risks, judge may deny bail. You remain in custody until trial. Your attorney can request a bail hearing to challenge this.

Public defenders — what to know

If you qualify for a public defender (based on income), you'll be appointed one. Public defenders are real, licensed attorneys — but they carry extremely heavy caseloads. You may get less individual attention than with a private attorney.

  • Be honest and cooperative with your public defender — they're on your side
  • Share everything relevant, even if it's embarrassing — attorney-client privilege protects it
  • If you're unhappy with your representation, you can request a new public defender, though this isn't always granted
  • You can also represent yourself ("pro se"), but this is almost never advisable for anything beyond minor infractions
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If Police Stop You