What to Do If You're Arrested: Advice from a Criminal Defense Lawyer


Being arrested can be unsettling and confusing—but knowing what to do in that moment can make a significant difference in the outcome of your case. Here’s expert guidance from criminal defense attorneys like those at the Law Office of Terrell A. Ratliff:
1. Stay Calm & Don’t Resist
Under the Fifth Amendment, you have the right to remain silent. This means you should politely refuse to answer questions until you speak with an attorney. Any statement you make can be used against you .
3. Ask for an Attorney Immediately
Reacting with anger, fear, or physical resistance can escalate the situation. Stay composed. Law enforcement may use your behavior as evidence of guilt or obstruction
2. Invoke Your Right to Remain Silent
The Sixth Amendment gives you the right to legal representation. Once you request a lawyer, stop talking and wait until your attorney is present to discuss your case .
4. Do Not Consent to Searches
Unless the police have a search warrant, you can refuse consent for them to search you, your belongings, or your property. A lawyer can challenge any illegally obtained evidence later .
5. Provide Basic Identification Only
You may be required to identify yourself—such as giving your name and address—but you are not required to answer detailed questions about the incident or defend yourself at the scene .
6. Exercise Your Right to a Speedy & Fair Process
Both state and federal law protect your right to a prompt hearing or trial. In Pennsylvania and New Jersey—among others—courts enforce strict timelines to prevent undue delay. Your attorney will monitor these to protect your interests.
7. Contact a Criminal Defense Attorney ASAP
Early legal representation is vital. Attorneys can:
Begin evidence review immediately
File motions (e.g., to suppress illegal evidence)
Preserve your rights from the outset
8. Understand Potential Case Outcomes
Charged offenses can result in serious consequences: jail time, fines, criminal records, job loss, and loss of licenses. However, many cases qualify for:
Diversion programs (like PTI in NJ or ARD in PA)
Probation, community service, or alternative sentencing
These depend on your history, charges, and case specifics .
9. Weigh Private Counsel vs. Public Defender
Public defenders do vital work—but with heavy caseloads, you may receive less personalized attention. Private lawyers typically offer:
Dedicated focus on your case
Investigative resources and expert witnesses
Tactical flexibility and regular updates .
10. Build Your Defense Actively
A proactive attorney will:
Investigate police procedure (search and seizure methods)
Challenge illegal stops or evidence
Negotiate plea deals or pursue full acquittals
Argue for reduced charges or alternative outcomes
FAQs: Arrest and Defense
What if I'm wrongly accused?
A capable lawyer will gather evidence, scrutinize witness credibility, and file motions to dismiss or suppress. The prosecution must prove guilt beyond a reasonable doubt—your attorney ensures they uphold that burden
How long will my case take?
It depends on complexity. Simple cases may resolve in weeks via plea, while trials can take months or even years. Skilled defense counsel can help streamline pretrial processes .
When should I seek legal help?
As early as possible—before arrest if you suspect an investigation, or immediately afterward. Earlier representation enhances opportunities to shape strategy and preserve rights .
Final Thoughts
Being arrested is not the end—it’s a critical moment that demands composure, awareness, and legal support. By:
Keeping calm
Invoking silence and lawyer rights
Refusing unwarranted searches
Contacting an experienced criminal defense attorney immediately
Actively defending your case
...you give yourself the strongest chance to protect your freedom, reputation, and future.
Need help with criminal defense? Reaching out right away is the first step toward a better outcome.
For more information visit now : The Law Office of Terrell A Ratliff
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