At the moment of arrest
Arguing on the sidewalk has never talked anyone out of handcuffs, and it regularly adds charges. Keep your hands visible, do not pull away, and do not touch the officer. Resisting is a separate crime even when the underlying arrest is later thrown out. If police ask to search your car, your bag or your home, say clearly that you do not consent, and then do not physically interfere. Your objection is what your lawyer will use later.
Using your rights
Silence has to be claimed. Courts have held that simply staying quiet is not enough, so you say the words: "I am going to remain silent. I want a lawyer." Once you ask for a lawyer, questioning is supposed to stop until one is present.
Several common beliefs are wrong. Police must read the Miranda warning only before questioning someone in custody, so an arrest without the warning is still a valid arrest. Officers are generally allowed to lie during an interrogation about evidence, witnesses and what a friend has supposedly confessed. Many states do require you to give your name, and you should give it. Beyond that, answer nothing about where you were, whom you were with or what happened.
Police generally need a warrant to search the contents of your phone. Do not unlock it and do not give up the passcode.
What happens next
- You are booked, which means fingerprints, a photograph, an inventory of your property and a records check.
- You are allowed to make phone calls, and those calls are recorded, so you arrange a lawyer and bail and you say nothing about the facts.
- You see a judge, usually within 48 to 72 hours, who states the charges, appoints a public defender if you cannot afford a lawyer and decides on release.
- You are released on your own promise to return, released on bail, or held.
Bail rules differ widely by state. Where cash bail applies, a bond company typically charges a nonrefundable 10 percent.
Mistakes in custody
Discussing the case with a cellmate is a mistake, because cellmates trade information for leniency. Signing anything other than a property receipt before your lawyer reads it is another. So is deciding to explain yourself because you are innocent, since innocent explanations contain inconsistencies that look like lies on paper.
Tip Memorize one phone number of a person who will answer at three in the morning. Your phone will be in a property bag, and nobody remembers numbers anymore.
