"I got arrested"

Hey there

Another Tuesday, another legal crash course from your favorite internet lawyer. 

Today, we’re diving into the arrest process, and the things you should NEVER do if you get arrested.

Let’s get into it...

What happens when you get arrested?

Nobody wakes up and thinks, “You know what? I want to get arrested today.” Yet, an arrest happens every three seconds in the US. 

It can be pretty scary, so let’s walk through the process step by step, so you’re prepared if it ever happens to you or someone you care about (and how to protect your rights along the way). 

Step 1: Handcuffs

First things first: the handcuffs. Whether or not you’re a threat, this is pretty standard protocol. That said, cops don’t have to cuff you, but if they think it’s safer, those metal bracelets are coming out.

Step 2: Miranda Rights

“You have the right to remain silent...” Yep, those famous words from every cop show ever. They’re called Miranda rights, and the police have to read them to you if they want to ask you questions and use the answers as evidence at trial.

But know this: If they’re not planning to ask you questions, they actually don't have to read you your Miranda rights.

Step 3: The Police Car Ride

Next stop: the back seat of a police car. It’s not exactly first-class travel, but it’s how you’ll get to the station for booking.

Step 4: Mugshot and Fingerprints

Say cheese. When you get to the station, they’ll snap your mugshot and take your fingerprints. These get logged into the system as part of the booking process. 

Step 5: Personal Belongings

They’ll take your stuff - your phone, wallet, keys, the works - and keep it locked up while you’re in custody. You’ll usually get it back when you’re out, but make sure to check that everything’s there before you leave.

Step 6: Background Check

Next, the police will run a background check to see if you have any outstanding warrants or a prior criminal record. This step can take hours, depending on the system's speed and the complexity of your history.

Step 7: Phone Call

Once the booking process is done, you’ll usually get to make a phone call. This is your chance to call a lawyer, a friend, or that one reliable family member who always knows what to do... Use it wisely. 

So, now you know what happens during an arrest. But what about your part? Let’s break down what you should and shouldn’t do to protect yourself...

Got arrested? The dos and the don'ts

One wrong move during an arrest can make things way harder than they need to be. When the cuffs come out and you hear, “You’re under arrest,” here’s exactly what you should (and absolutely shouldn’t) do.

The dos

• Stay calm and polite. Being respectful helps avoid escalating the situation.

• Immediately ask for a lawyer. As soon as you’re arrested, request legal representation and make no further statements until your attorney is present.

• Invoke the Fifth and stay silent. Clearly state that you won’t answer any questions without your lawyer there.

The don’ts:

• Don’t argue or resist. Even if you think you’re innocent, stay calm. Resisting or arguing can lead to additional charges.

• Don’t consent to searches or sign anything. Refuse to sign any documents or agreements without your attorney present.

• Don’t speak without your lawyer. No matter how tempting it is to explain yourself, say nothing until your attorney arrives.

In the heat of the moment, it’s easy to forget your rights... If you want to feel fully prepared for any tricky situations life throws at you, I’m putting together some easy-to-follow guides on all the basics to keep you one step ahead at all times. Want early access? Hop on the waitlist here!

That’s it for today. Until next Tuesday, this case is closed.

Speak soon

Mike