How to Behave if You Get Arrested

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: July 16, 2024 References

Being arrested for the first time can be a very frightening experience. However, it is important to remember you maintain your rights while in state custody, and you are presumed innocent until you either plead guilty to the charges which you will be sentenced immediately or you are found guilty beyond a reasonable doubt. It should be noted that for petty crimes (up to 6 months in a municipal jail), you do not have the right to a jury so the judge will hear the facts of the case and decide unless the state chooses to allow a jury trial.

Part 1

Part 1 of 3:

Behaving Respectfully

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Stop a moving vehicle immediately. It is common to be stopped while driving. If you see the lights blinking in your rearview mirror, then you should remember the following tips:^{[1]
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- Pull over to a safe place as soon as possible. You don’t have to stop the car on a dangerous part of the road, but pull over as soon as you see a safe spot and turn off your car.
- Turn on your internal light. This will make the officer more comfortable to approach your car.
- Open the window a crack. Don’t open the door, since that looks like you’re getting out to confront the officer. But put down your window several inches.
- Put your hands on the steering wheel so that the officer can see them when she or he approaches your window.
- Tell the officer where your registration is located, and ask if you can get it: “That’s in my glove compartment box. Can I get it?”
2
Stay calm. It is natural for your heart to start pounding when you get arrested—especially if you’ve done nothing wrong. However, it is important to remain calm.^{[2]
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Research source} By raising your voice or getting angry, you could trigger the police to become angry in return.
- To calm yourself, take a deep breath and hold it for a couple of seconds. Then slowly release the air. Take another deep breath.
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You shouldn’t swear or cuss out the officer, no matter how angry you feel. Always say “Sir,” “Ma’am,” or “Officer” when speaking to the police. It is safer to be too polite than not polite enough.
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Tell the truth. Unfortunately, you can escalate a situation by lying to the police or pretending to be dumb. Although you don’t have to speak to the police, you shouldn’t lie to them if you do.^{[3]
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- Also don’t think that you can get out of an arrest by faking a panic attack or another medical emergency. This will only prolong the amount of time that you stay in police custody.
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Don’t physically resist. In addition to remaining polite and staying calm, you should not physically resist the arrest. It is very dumb to resist, even if you're innocent, you should let the officer arrest you to avoid giving the prosecutor another reason to charge you. Should you decide to resist, you will make the officer angrier so they will ask you or request help from their fellow officers to get you in custody.^{[4]
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Research source} When the police tell you that you are under arrest, you should not fight them as they place handcuffs on you.
- Instead, you should follow their directions. If the police tell you to turn around, then turn around.
- If the police are hurting you, then tell them: “That hurts” or “The handcuffs are too tight.” However, you should avoid pulling your hands away or physically resisting, even if you feel some pain.
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Avoid confrontations with other arrestees. You might be arrested as part of a group. For example, you might have participated in a protest and been picked up with a group of other people who you might not know really well. It is important not to get into fights with them as you sit in jail.
- Don’t fight over space (“I was sitting there!”) or about who gets to use the phone first. Instead, try to remain as polite as possible.
- You also shouldn’t talk about the incident with them. Anything you say to anybody can later be used against you. Accordingly, whatever you say to other arrestees in jail or in the back of the police car could come out at trial.

Part 2

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Protecting Your Rights

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Avoid consenting to a search. The police can perform a pat down if they have “reasonable suspicion” that you have a weapon on you. They may also search your vehicle if they arrest you or if they have “probable cause” that your car contains evidence of a crime.^{[5]
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Research source} However, the police often try to get you to consent to a search.
- If you consent, then the police don’t need any sort of suspicion or probable cause. For this reason, you should not consent to the search of your vehicle or belongings.^{[6]
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- If the officer asks, “Can I look in your trunk?” then you need to politely say, “I don’t give you permission, officer.”
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State you want to remain silent. You have to answer some basic questions. For example, you have to identify yourself and your address. You also have to show your photo identification, if you have it on you. However, you are not constitutionally required to answer any other questions the police might ask.
- You must tell the police you want to remain silent to invoke that right.
- Sometimes, police don’t like it when you know the law. Unfortunately, you may be escalating the situation by telling the police you want to be quiet. Nevertheless, silence is so important that you need to run the risk of the officer getting angry with you.
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Do not talk to the police without your attorney. When the police read your Miranda rights, respond with "I want to talk to a lawyer first." If they try to tempt you into talking anyway, tell them "I will remain silent." Police officers are trained to use a variety of interrogation techniques which studies found to be very effective at getting people without legal expertise. It is common for police to try and talk to someone before he or she talks to their lawyer. By saying you want to talk to your lawyer first (rather than with them), you not only show them you know your rights, but you know they're trying to trick you into talking.
- Upon saying "I want to talk to a lawyer first", the police may lie (they can legally do that) and say they haven't accused you of anything or doing so implies guilt, respond you are going to remain silent. Most of the time, when the police are under investigation, they immediately ask for a lawyer, so there's no reason why you shouldn't do the same.
- If you believe that cooperating shows you have nothing to hide, you may want to think again. A study revealed 79% of wrongfully convicted people (who were later exonerated by DNA evidence) had waived their right to an attorney during interrogation.^{[7]
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  One study by the Innocence Project found that 79% of wrongly convicted people who later were exonerated by DNA evidence had originally waived their right to a lawyer during interrogation}
- Similarly, if you want to "come clean", you also should not talk to the police before your lawyer. The prosecution has the burden of proving your guilt "beyond a reasonable doubt", this is not about determining whether you actually did the crime. Without a confession, they may not actually have a strong case against you.
4
Understand how criminal trials work. Each state has its own criminal laws and procedures, but you have a right to a jury trial and due process in all states. During criminal trials, the prosecution has the burden of proving you guilty beyond a reasonable doubt, and must provide your attorney all of the evidence (including those favorable to your defense) and list of witnesses during discovery. The prosecutor may offer your lawyer to discuss a plea bargain, which is a deal where you plead guilty to a lesser charge and a lighter sentence to close the case. If a plea bargain is not reached, the lawyers will select and interview a jury (to determine who will hear the case). In trial, lawyers give opening statements, present evidence through witness testimony and exhibits, cross-examine witnesses, make objections, and then conclude with closing arguments. This is where the jury (or judge in bench trials) will determine if the burden was met.
- The defendant is the person accused of committing a crime and on trial. They have a right to remain silent, not make incriminating statements, take the stand, confront witnesses against them, decide if their case should be heard by jurors or a judge, and accept or reject a plea bargain. They do not have to prove their innocence.
- The jury consists of 6 to 12 adults who were randomly selected and confirmed by both attorneys to determine if the prosecution has met their burden of proving their case beyond reasonable doubt. After the lawyers deliver their closing statements, the jurors will vote either guilty or not guilty of the charges based on what they observed. If the jurors cannot reach a settlement, it becomes a mistrial and a new panel of jurors will be selected.
- The criminal defense, prosecutor, and judge are experts in criminal law with different responsibilities:
  - The prosecutor represents the government in building a case against the defendant, proving the elements of crime beyond a reasonable doubt, and secure a conviction.
  - The criminal defense represents the defendant by protecting their legal rights, suppress evidence, and will challenge the prosecution's witness or evidence to create doubt.
  - The judge interprets the law and is responsible for overseeing the case and making sure court rules and procedures are followed, subpoena witnesses, rule on objections (including sign off plea bargains), explain the law and court procedures to the jurors, and if the defendant is found guilty, they will determine the appropriate sentence. Most of them were former lawyers (prosecutors, criminal defense lawyers, or both) before becoming a judge.
5
Remember everything. As soon as you are stopped by the police, you should be trying to build a defense. For example, you should remember as best as you can what the officer said and what you said in return. Remember these details so that you can tell your lawyer later. Also remember the following:
- Were you told you had the right to remain silent before being questioned? Were you also told you had the right to an attorney? If not, then you can probably get anything you say thrown out of court.
- Did the officer show you a warrant when they came to your home to arrest you? If not, then the arrest may be unconstitutional.
- Did you consent to any search? Be honest with your lawyer. If you consented, then you have limited defenses.
- Were the police rough with you? For example, the police might have sent a dog to bite and hold you without giving you a warning. Or the police might have put you in a choke hold although you weren’t resisting. Remember these details and tell your lawyer about the force the police used against you. You might be able to file a written complaint later.^{[8]
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Film the encounter. You have a constitutional right to film an encounter with police provided it happens in a public place or on your property.^{[9]
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Research source} Although some states have tried to make it illegal to record the police on the street, courts keep striking these laws down.
- However, you must always judge protecting your rights against how angry you might be making the police. Some officers could get aggressive if they don’t want to be video recorded. You have to balance preserving evidence against the need to defuse the situation.
- An alternative to filming is to ask bystanders to take down important information, like the squad car number and the names or descriptions of the officers. These bystanders could be important witnesses in the future.

Part 3

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Requesting an Attorney

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1
Ask to call a lawyer. Each jail has its own procedures for allowing you to make a phone call. You might need a quarter to call at a pay phone. If you don’t have any money, then tell the person in charge.
- The booking process varies at each jail. You don’t have the right to an immediate phone call, so don’t start throwing your weight around by yelling, “I have the right to a phone call!” In fact, if you are aggressive with the police, they might delay your ability to call an attorney.^{[10]
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- Wait to be booked and then ask, “Can I make a phone call now?”
- Also be persistent. The police might process you then forget about you. You might have to ask the officer more than once. Always be polite: “I haven’t had a chance to make my phone call, officer. Can I call now?”
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Call a friend or family member. Once you get to make a phone call, call someone you know will be home or know will answer their cell phone. This should be a responsible adult, such as a parent or grandparent, and not a friend who might be out partying.
- In some departments, the police might actually make the call for you. Give them the name and phone number of who you want to call. Police make the call for you so that you don’t contact someone and instruct them to destroy evidence or flee the police.
- If you can’t reach anyone on your first call, ask if you can make another. Police have discretion, and generally they will let you make as many calls as you need, provided you are not abusing the privilege.^{[11]
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- Line up your attorney first. This is your top priority. You can ask to make other phone calls—e.g., to your boss (to tell them you’ll miss work) or to arrange day care—but make sure to get a lawyer first.
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Request a public defender at your initial appearance. After being booked, you may be taken before a judge within 24 hours. This is typically called an “initial appearance.” The judge should ask you whether you can afford an attorney or if you want a public defender. Tell the judge you want a public defender.
- You will probably have to complete an application to request a public defender. This application will request personal information, such as your monthly income and assets (bank accounts, life insurance, real estate).

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If you are a first-time offender or charged with a minor crime, the prosecutor may be willing to make a plea deal with your lawyer without having to go to court. If you plead guilty to the charges, your punishment will be more relaxed (for example, you will be given probation or community service instead of jail) than if you were to be convicted. The majority of non-violent misdemeanor cases are settled through plea bargains.

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You have the right to a jury trial if you must go to court. In a jury trial, your peers (jurors) decide whether you are guilty rather than a judge. If the jury finds you not guilty, the judge must let you go.

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Your lawyer may recommend a bench trial. This means the judge will hear everything and decide if you're guilty. Unlike jurors, judges are experts in the law just like your lawyer, and do not get emotional. This is faster than a jury trial.

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Warnings

This article is meant for people in the United States. For those who are outside the US, this guide may not be helpful so please consult with a lawyer or solicitor.

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If you accept a plea agreement, you will not be able to appeal as it is final so talk to your lawyer very carefully and see which option is the best for you.

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This article is for general information only. It is not meant to provide legal advice.

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