I Got Arrested. What Do I Do?

If you are a law-abiding citizen, your chances of being arrested are slight. It is important, though, that you know "Your Rights If Arrested." An informed and alert citizenry is the best guarantee that these rights will be upheld for the benefit of all persons at all times.

Do not resist a law enforcement officer who attempts to arrest you - even if you are innocent. The fact that you are innocent will not make the arrest illegal if the officer's action conformed to the requirements of a legal arrest as stated above. If the arrest is legal and you resist, you may be guilty of the crime of resisting lawful arrest. If the arrest is illegal, you are entitled to bring an action against the law enforcement officer for false arrest.

Do not resist a law officer's attempt to search or "frisk" you. It is legal for an arresting officer to search your person and the area in your immediate presence. Even if he does not arrest you, an officer - after identifying himself - may stop you in any public place if he has reason to believe that you have committed, are committing or are about to commit a crime. He may demand your name and address and an explanation of your actions. If he reasonably suspects that he or another is in danger of being attacked, he may search you for weapons.

Your Rights After Arrest

The U.S. Supreme Court has ruled that as soon as you are taken into custody you must be informed of the following:

• You have a Constitutional right to remain silent.
• Anything you say can be held against you.
• You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you.
• If you choose, you may have a lawyer present during interrogation.

In addition to advising you of your rights, the arresting authorities must respect your rights. For example, you cannot legally be required or forced by a police officer or any one else to talk, to answer questions, or sign any papers. If by threats, by persistent questioning or other means of coercion, you are forced to give incriminating information, you can prevent its use against you in court.

Within a reasonable time after you have been taken into custody, you have a right to make a reasonable number of telephone calls or otherwise communicate with an attorney of your choice and a member of your family. If you are transferred to a new place of custody, this right of communication is renewed. If you are not a U.S. citizen, you must be informed without delay of your right to contact your local consulate or embassy. Consular officials may visit you, help you arrange for legal representation, and contact your family.

You have a right to an itemized receipt for all money and property taken from your person after you are taken into custody.

You have a right to be "booked" within a reasonable period of time. "Booking" is the entry of a charge against you in a record called the "arrest book" or "police blotter."

Should your detention go beyond a reasonable period of time without booking (more than several hours or perhaps overnight), your attorney may go to a judge and obtain a writ of habeas corpus. This is a Court order instructing the police to bring you before the Court so that a judge may decide whether you are being held lawfully.