What Should I Do Immediately After Being Arrested? A Step-by-Step Guide
Being arrested is terrifying. Your mind races, your heart pounds, and you may feel completely overwhelmed. But the actions you take in those crucial first hours can make or break your case.
In our 25 years practicing criminal defense in Bergen County, we’ve seen how these critical first decisions determine whether our clients walk free or face serious consequences.
Not sure what to do after an arrest? Our certified trial attorneys have helped many satisfied clients, and we will help you achieve the best possible results in your criminal law matter. Call anytime, day or night, for a FREE consultation.
Here’s what you must do to protect yourself:
Step 1: Invoke Your Rights Immediately
The moment handcuffs go on, or the police tell you that you are being charged, say these words:
“I’d like to speak to an attorney.”
Don’t try to explain yourself. Don’t answer “simple” questions. Don’t make small talk. Police are trained to use everything you say against you, even statements that seem helpful.
Just last month, we represented a client who thought he was being helpful by explaining to police officers that he “only had a few drinks.” That small comment, meant to show his honesty, became a key piece of evidence against him.
Step 2: Stay Silent During Processing
The booking process includes fingerprinting, photos, and paperwork. In many Bergen County municipalities, this step can take as little as 30 minutes depending on the charges and the availability of the arresting officer. You may be asked routine questions like your name and address, which you should answer, but beyond basic identification, ask for and wait for your lawyer. Do not speak about the facts of your case and do not discuss the allegations of the crime with the police.
Step 3: Understand Your First Court Date
If you are arrested and charged on a Complaint-Summons, you will be given a court date for a first appearance, or arraignment, and that court date is usually within a few weeks. You’ll appear before a judge where:
- You will be informed of your charges
- You should enter a “Not Guilty” plea
If you are arrested on a Complaint-Warrant, you will be brought to the local county jail to wait for a first appearance before a judge. In Bergen County, the jail is located at 160 South River Street. Before seeing the judge, you will watch a video with important information about the purpose of the hearing, your right to remain silent and be represented by counsel, as well as the general pretrial process overview.
When you are in the county jail, it is critical that you DO NOT talk on the telephone to your family or friends about the facts of the case. These calls are recorded and any statements you make can be used as evidence against you. It is best to ask your family to obtain a lawyer immediately.
Once you are in court, your attorney will be present with you for the first appearance/arraignment, which is usually conducted virtually.
Three Mistakes That Will Destroy Your Case
- Talking to police without your lawyer: There’s no scenario where this helps you. None.
- Posting about your case on social media: Prosecutors and detectives can and do check your
accounts. Your post about being “innocent” can be twisted into evidence of guilt. - Discussing your case on jail phone calls: These are recorded and monitored. They will be used
against you by the prosecutor.
We’ve seen prosecutors use Instagram stories, Facebook posts and recorded jail calls as evidence in over 50% of our cases. Digital silence is golden.
Why Early Legal Help Matters
The sooner you have an experienced attorney working on your case, the better your outcome. An attorney can and will:
- Investigate the facts and allegations of your case while evidence is still new and fresh
- Interview witnesses before their memories begin to fade and before others get to them first
- Negotiate a positive outcome for you before prosecutors dig in
- Protect your rights from day one
Clients who contact an attorney within 24 hours of arrest consistently have better outcomes than those who wait. In our experience, early representation is often the difference between charges being reduced or dropped and facing serious consequences.
Common Questions We Get
Question: “Can’t I just represent myself for now?”
Answer: No. Criminal law is complex, and mistakes made early can’t be undone.
Question: “How much will this cost?”
Answer: Your freedom is priceless, but many attorneys offer payment plans and free consultations to discuss your options.
Question: “What if I’m guilty?”
Answer: Even guilty people have rights. Often, the question isn’t guilt or
innocence, but what charges you’ll face and what penalties you’ll receive.
Arrested? Our Defense Lawyers Will Help
Your freedom and your record are too important to risk. Our New Jersey criminal defense lawyers defend clients against the full range of criminal charges, from DWI/DUI and drug offenses to theft, assault, domestic violence, juvenile matters, probation violations, and traffic offenses. We offer free initial consultations and straightforward guidance at every step.
With offices in Hackensack, Wayne, and the Bronx, we serve clients throughout Bergen County, Passaic County, and New York City. Call 201-212-4532 or contact us online to schedule your free consultation.