An arrest is one of the most frightening things a person can experience. Your heart is racing, officers are giving orders and you may have no idea what comes next. Knowing your rights ahead of time can make a real difference in how your case unfolds.
Stay calm and do not resist
The first and most important thing to do is stay calm. Do not argue, run or physically resist even if you believe the arrest is wrong. Resisting can lead to additional charges and makes everything harder to resolve later. Comply with basic instructions and save your defense for court.
Exercise your right to remain silent
Once officers place you under arrest, you have the right to remain silent. Use it. Anything you say becomes part of the record and prosecutors can use it against you. Politely tell officers you are invoking your right to remain silent and will not answer questions without an attorney present. Then stop talking.
Officers must advise you of your Miranda rights before any custodial questioning begins. These rights include the right to stay silent and the right to an attorney. If you cannot afford one, the court will appoint one for you. Invoking these rights is not an admission of guilt. It is a legal protection that exists for everyone.
Do not consent to searches
Officers may conduct certain searches without a warrant during an arrest, including a search of your person and the area within your immediate reach. Other exceptions, such as the automobile exception and plain view, also allow warrantless searches in specific circumstances. Outside of those situations, you have the right to refuse. Clearly and calmly state that you do not consent. Even if officers search anyway, your refusal preserves your ability to challenge the search in criminal defense cases later.
Request an attorney immediately
Ask for an attorney as soon as possible. Once you make that request, questioning must stop until your attorney arrives. Do not try to talk your way out of the situation. Let your attorney do that job.
Why those first decisions matter
After your arrest, officers will process and book you. This includes fingerprints, photographs and an inventory of personal belongings. In Maryland, a District Court Commissioner typically handles the initial release decision, including whether to set bail. If the commissioner does not release you, a judge will conduct a bail review hearing, usually on the next court day. The decisions you make in those first hours, from what you say to when you contact an attorney, can shape everything that follows.