NOTICE: This webpage is designed for informational purposes only and it is not to be construed as legal advice. For specific questions please contact an attorney.

Frequently Asked Questions about Arrests

Arrests

You are arrested when you are taken into custody or you are not free to leave the scene. You may be detained or held for questioning for a short time without being arrested. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested (more on arrests).

Rights

You have certain rights if you are arrested, whether you are an adult citizen or non-citizen. Before the law enforcement questioning, you should be notified that:

• You have the right to remain silent.
• Anything you say may be used against you.
• You have a right to have a lawyer present while you are questioned.
• If you cannot afford a lawyer, one will be appointed for you.

Your Miranda rights are guaranteed by the U.S. Constitution. If you are not given these warnings, your attorney can request that statements you made to the police not be used against you in court. This does not apply if you volunteer information without being questioned by the police.

Questioning

You can be questioned, without a lawyer present, only if you voluntarily give up your rights. If you change your mind, the questioning must stop as soon as you say that you want a lawyer. Your answers after this point can be used against you if you testify to something different.
Once you have been booked you have a right to make and complete three free telephone calls within the local dialing area. Any additional calls made from jail must be collect calls.

Contacting a Lawyer

If you are arrested for a crime you should contact a lawyer as soon as possible. An attorney has a better understanding of what you should tell law enforcement officers to avoid being misunderstood.

Finding a lawyer

Ask a friend, co-worker, employer or business associate to recommend a lawyer. Look in the Yellow Pages of your telephone directory listings under "Attorney Referral Service," or contact the local bar association. Ask for a lawyer who is qualified in criminal law. If you decide to hire a lawyer, make sure you understand what services you will receive, how much it will cost and when payment is due.

Arraignment

At the arraignment, a judge will tell you officially of the charges against you. The bail amount, if any, maybe addressed at the arraignment.

You have a right to be arraigned without unnecessary delay after being arrested. An attorney may be appointed for you if you can't afford one. You have a right to an interpreter throughout the proceedings, if you do not understand english.