What to do if…
police tell you that you are under arrest
Short answer
Keep your hands visible, do not run or physically resist, and follow clear physical directions. Say, “I choose to remain silent. I want a lawyer before answering questions,” then stop discussing the alleged incident.
Do not do these things
- Do not argue about whether the arrest is fair or lawful at the scene.
- Do not explain, guess, apologize, joke, or try to persuade officers about the alleged incident.
- Do not give false information or false documents.
- Do not consent to a search or unlock a device, but do not physically interfere if officers proceed.
- Do not sign a statement, consent form, or waiver that you do not understand before speaking with a lawyer.
- Do not discuss the alleged incident with family, friends, other people in custody, or on social media.
What to do now
- Keep your hands where officers can see them. Move slowly and tell an officer before reaching for identification, medication, or belongings.
- Say clearly, “I choose to remain silent. I want a lawyer.” Use these words whether or not officers have read you Miranda warnings. If questioning continues, repeat the request and do not discuss the alleged incident.
- Give accurate basic identifying information when required. Routine booking questions vary, so ask for a lawyer before answering anything that could relate to the alleged incident.
- Ask calmly which agency has custody of you and what offense, charge, or warrant officers say is involved. Listen without debating or offering an explanation.
- If asked for permission to search you, your belongings, or a device, say, “I do not consent to a search.” Do not physically resist if officers search anyway.
- Immediately tell an officer about any injury, pregnancy, urgent medication need, medical condition, disability, communication need, or need for an interpreter. Repeat the request during transport or booking if necessary.
- Follow routine physical directions during transport and booking, including directions about fingerprints, photographs, and property inventory. Ask for a property receipt when one is available.
- When you are allowed to make a call, contact a criminal-defense lawyer or a trusted person who can locate one. Ask how to communicate privately with a lawyer, and treat ordinary calls as potentially monitored or recorded.
- If you cannot afford a lawyer, continue asking for one and ask the court about appointed counsel at your first court appearance.
- If you are a foreign national, ask for your embassy or consulate to be notified and tell your lawyer about your immigration status.
- If you are under 18, state your age and ask to contact a lawyer and a parent or guardian.
What can wait
You do not need to prove your side, decide whether the arrest was lawful, choose a plea, prepare a defense, contact work, or post anything online now. Questions about charges, release, court dates, searches, Miranda warnings, property, complaints, and immigration consequences can wait until you can speak privately with a lawyer.
Important reassurance
Being arrested does not mean you have been convicted. You do not need to persuade officers at the scene; staying physically calm, clearly choosing silence, and asking for a lawyer helps preserve your options.
Scope note
This guide covers the first minutes and hours after police say you are under arrest. Later decisions about release, charges, evidence, court proceedings, and defense strategy may require a criminal-defense lawyer familiar with the relevant state, local, or federal rules.
Important note
This is general legal information for the United States, not legal advice or representation. Arrest, booking, searches, phone access, juvenile procedures, and appointed-counsel processes vary by state, locality, age, immigration status, and whether the matter is state or federal.
Additional Resources
About this guide
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