What To Do If You Are Arrested in the USA (Step-by-Step Guide)

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What To Do If You Are Arrested in the USA

Stay Calm and Do Not Resist

Even if you believe the arrest is unfair, never argue, run, or physically resist.
Any resistance can turn a simple stop into a criminal charge.

Note: If you want to understand your basic legal rights before or after an arrest, read our complete guide on Legal Advice Basics

What to do:

  • Keep your hands visible
  • Do not shout or get aggressive
  • Follow instructions quietly

Ask to Police Office Politely: “Am I Free to Go?”

Before you assume you are being detained, politely ask:

“Officer, am I free to go?”
If they say yes, walk away slowly and calmly.
If they say no, you are being detained or arrested.

You Have the Right to Remain Silent

This is the strongest protection for you have under U.S. law. If you Quiet then no other cases will rise.

Say this clearly:

“I am choosing to remain silent.”

Police cannot force you to answer questions like:

  • Where were you going?
  • What did you do?
  • Who were you with?
  • Are these your belongings?

Important:
Silence cannot be used against you in court.

Now Ask for a Lawyer Immediately

Do NOT explain your side of the story.
Do NOT try to talk your way out.

Just say:

“I want to speak to an attorney.”

After this, police must stop questioning you.

What To Do If You Are Arrested in the USA

Do Not Consent to Searches

Unless police have a warrant or probable cause, you can refuse a search.

Say clearly:

“I do not consent to any searches.”

This includes:

  • Your pockets
  • Your backpack
  • Your phone
  • Your car
  • Your home

Refusing is your legal right, and it does not look suspicious.

Don’t Say Anything Without a Lawyer

People think they can explain and get released.
But even one wrong sentence can:

  • Create new charges
  • Be used against you
  • Look like a confession
  • Damage your case

Golden rule:
✔️ Wait for your lawyer. Always.

7. You Must Give Basic Information

You DO have to tell police:

  • Your name
  • Your date of birth
  • Your address (in some states)

You do not have to answer anything else.

8. If Arrested, Do Not Sign Anything

Unless your lawyer is present, do NOT sign forms, statements, or waivers.

Some forms may give up your rights without you realizing.

9. Call a Lawyer or a Family Member

In the U.S., you must be allowed to make at least one phone call.

Call ASAP:

  • A criminal defense lawyer
  • A trusted family member
  • Someone who can arrange bail

10. Understand Bail and Court Dates

If you are taken to jail, you may be:

  • Released on bail
  • Released on your own recognizance (no bail)
  • Kept until a hearing (for serious charges)

Missing a court date can instantly lead to:

  • A bench warrant
  • More charges
  • Higher bail

Always show up on time.

Common Mistakes People Make (Avoid These)

❌ Talking too much to police
❌ Lying to the officers
❌ Resisting or running
❌ Signing forms without reading
❌ Handing over their phone
❌ Posting about the arrest on social media

These mistakes destroy cases.

Your Rights If You’re a Non-Citizen

For immigrants (even with a visa or green card):

  • Do NOT answer questions about immigration status
  • Do NOT sign deportation forms
  • Ask for an immigration lawyer immediately
  • You have the right to remain silent just like U.S. citizens
  • Do NOT share your country of origin unless required

When to Hire a Lawyer

You should get a lawyer if:

  • You were arrested
  • Police keep questioning you
  • You are charged with a crime
  • You have a court hearing
  • You are a non-citizen and fear immigration consequences

A lawyer can help reduce charges or even get the case dismissed.

Conclusion

Getting arrested in the USA can be extremely stressful, but knowing your rights can protect you.
Stay silent, stay calm, and get a lawyer as fast as possible.

If you have been arrested, then first you have to remain silent and call a seasoned Orlando criminal defense lawyer immediately. These are the most important steps you can take toward protecting your freedom, and obtaining the best possible outcome.

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