Stay calm. Do not argue, do not resist, explain, or try to talk your way out of the arrest. Try to be as respectful as possible to law enforcement.

Clearly say: “I want to remain silent, and I want a lawyer.”

After that, stop talking about the case. Police reports often include statements people made because they were nervous, scared, talking to themselves, or trying to help themselves. Those statements can later be used against them.

Once (As soon as) you can make a call, contact a criminal defense attorney or ask someone you trust to contact one for you.

No. You should not answer questions about a criminal case without an attorney present.

Police may tell you they only want to hear your side of the story. They may say they are trying to clear things up. Even then, you should not give a statement before speaking with a lawyer. 

Innocent people can still make statements that get misunderstood, taken out of context, or used to build a case. The safest answer is: “I want to speak with an attorney before answering questions.”

You have the right to remain silent. You have the right to an attorney. You have the right to be free from unreasonable searches and seizures. You also have the right to be brought before a judge within the required timeframe after arrest.  These rights are so important that they are enshrined in the Constitution.  Do not waive them.

At the first court appearance, the judge usually advises you of the charge, your right to remain silent, your right to counsel, and your release conditions.

You should use your rights clearly and calmly. Do not physically resist. Do not argue on the street. Let your attorney challenge the arrest, search, or evidence in court.

Sometimes, but not always.

Police usually need a warrant, consent, probable cause, or a recognized legal exception. Homes receive strong constitutional protection, especially in Arizona. Vehicles may be searched in certain situations. Phones often raise serious privacy issues and may (almost always) requires a warrant.  Never give the police your passcode to your phone.

You do not have to consent to a search. If officers ask, say: “I do not consent to any searches.”

Do not interfere physically. Let your lawyer review whether the search was lawful later.

Booking usually includes fingerprints, photographs, personal information, property inventory, and entry into the jail system.

After booking, you should have an initial appearance before a judge. The judge may address the charge, probable cause, release conditions, bond, no-contact orders, and your next court date. It is important to have your lawyer with you at this hearing.

Anything you say on jail phones may (will) be recorded. Avoid discussing the facts of the case with anyone except your attorney.  Do not tell your family what happened.  Do not even deny the allegations on the phone.

Release depends on the charge, your history, the facts of the case, public safety concerns, victim issues, and whether the court believes you will appear for future hearings.

The court may release you on your own recognizance, set a bond, impose conditions, require monitoring, order no contact with certain people, or hold you in custody if the law allows.

A defense attorney can argue for reasonable release conditions and help address bond issues quickly.

Bail is money or security set by the court to help ensure a person returns to court.

The court may also impose release conditions. These can include no contact with an alleged victim, no alcohol, drug testing, travel restrictions, weapons restrictions, GPS monitoring, or regular check-ins.

Bail is not the same as guilt. It is part of the release process while the case is pending.

may protect you.