What happens after you are arrested?

If you are arrested, you will be taken into custody by law enforcement.  The arresting officer(s) should read you what are known as Miranda warnings, which will advise you of various constitutional rights.  These include the right to remain silent and the right to an attorney.

The Miranda warnings do not have to be administered at the time of the arrest.  Instead, they must be given before the police interrogate or question you.  If the police fail to read you these rights, it may affect the admissibility of any statement that you give.  It is important for you to exercise these rights.  As soon as possible after you are arrested, state that you are exercising your right to remain silent, and that you want an attorney.

If you invoke the right to counsel, all questioning by law enforcement should stop.  However, invoking the right to remain silent will not — by itself — stop questioning.  You should still remain silent and not talk about the charge, whether it is to the police, a cell mate, or to family or friends.  Remember that telephone calls can and will be recorded.

After you have been taken into custody, you will be handcuffed and taken to central booking to be proceeded.  This will involve having your picture and fingerprints taken, as well as being searched.  You will be placed in a holding cell until you go before a judge.

Once you are in a jail cell, you will be kept there until you are arraigned.  During this time, you may be tempted to talk to the police in an attempt to make a deal or get out of jail.  Remember that the police are not there to help you — and that your best option is to exercise your right to remain silent and to have your attorney present.  At your arraignment, you may be able to make bail and to be released pending trial.

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