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What to DoWhen Arrested

Know your constitutional rights — whether you are a citizen or not. 6 critical steps, what to say (and what NOT to say), and how arrest affects your green card or visa.

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Being arrested right now? Stay calm. Stay silent. Ask for a lawyer.

Immediately after arrest

What to do immediately after arrest

Follow these 6 steps in order to protect yourself and your case.

1

Stay calm and compliant

Critical

Do not resist arrest, run, or argue with police. Physical resistance can lead to additional charges. Keep your hands visible at all times.

2

Invoke your right to silence

Critical

Clearly state: "I am invoking my right to remain silent." After that, do not answer any questions about the incident.

3

Request a lawyer immediately

Critical

Say: "I want to speak to a lawyer before answering any questions." Police must stop interrogation once you invoke this right.

4

Do not consent to searches

If police ask to search you, your car, or your belongings, clearly state: "I do not consent to any searches." They may search anyway, but your objection is on record.

5

Remember badge numbers and details

Try to note the officers' badge numbers, patrol car numbers, and the time and location of the arrest. This information helps your attorney.

6

Contact family or your lawyer

You have the right to make a phone call. Use it to contact a family member or an attorney. An Arabic-speaking criminal defense lawyer can begin working on your release immediately.

Protect yourself

5 things never to say to police

Anything you say can and will be used against you. These common statements hurt your case.

"I didn't do anything wrong"

Even denials can be used against you. Anything you say becomes evidence.

"Let me explain what happened"

Your explanation can be twisted. Wait for your lawyer to be present.

"I was just..."

Partial explanations are dangerous. Police are trained to use them against you.

"Can I just go home?"

This can be interpreted as an attempt to flee. Ask "Am I free to leave?" instead.

"I know my rights" (then keep talking)

Knowing your rights means nothing if you don't exercise them. Stop talking.

The only things you should say:

"I am invoking my right to remain silent."

"I want to speak to a lawyer."

"I do not consent to any searches."

"Am I free to leave?"

Timeline

What happens after arrest — the first 72 hours

Here is what to expect from booking to arraignment.

1

Arrest

0 hours

You are taken into custody. Officers read Miranda rights. Stay silent and request a lawyer.

2

Booking

1-4 hours

Fingerprinting, photographs, and personal information collected. You can request your phone call.

3

Holding

4-24 hours

You wait in a holding cell. Your attorney should be contacted during this time.

4

Arraignment

24-72 hours

First court appearance. Charges are formally read. Bail is set. Your lawyer can argue for release.

5

Bail hearing

24-72 hours

Judge decides bail amount or release conditions. An attorney can argue for lower bail or release on recognizance.

The Constitution protects you

Your rights during a police stop or arrest

These constitutional rights apply to everyone in the United States — citizen or not, documented or not.

4th Amendment

Protection from unreasonable search

Police cannot search you, your car, or your home without a warrant or probable cause. You have the right to refuse consent to a search.

You can say "I do not consent to a search"
Police need a warrant to search your home
A pat-down for weapons is allowed during a lawful stop
Anything found in an illegal search may be thrown out
5th Amendment

Right to remain silent

You cannot be forced to incriminate yourself. After being read your Miranda rights, you can refuse to answer any questions.

Say "I invoke my right to remain silent"
You do not have to explain where you were or what you did
Silence cannot be used against you in court
This applies to ALL police questioning, not just in custody
5th & 14th Amendments

Right to due process

The government must follow fair procedures before depriving you of life, liberty, or property. This includes the right to a fair trial.

You are presumed innocent until proven guilty
The prosecution must prove guilt beyond a reasonable doubt
You have the right to a speedy trial
These rights apply to everyone, regardless of citizenship status
6th Amendment

Right to an attorney

You have the right to an attorney at every critical stage of the process. If you cannot afford one, the court must appoint one for you.

Say "I want to speak to a lawyer" immediately
Police must stop questioning once you request an attorney
A public defender will be appointed if you cannot afford a lawyer
You can request an Arabic-speaking attorney

Getting out

How bail works and what it costs

Understanding bail can mean the difference between waiting in jail and going home to your family.

Your bail rights

Bail cannot be set excessively high (8th Amendment)
You have the right to a bail hearing
Your attorney can argue for reduced bail
Release on recognizance may be possible
You can use a bail bondsman (typically 10% fee)

Bail for non-citizens

ICE can place an immigration detainer during booking
Even with bail, ICE may detain you upon release
A criminal defense lawyer should coordinate with immigration counsel
Bail conditions may include passport surrender
Fleeing on bail creates additional criminal and immigration issues
Critical for non-citizens

How an arrest affects your green card or visa

For non-citizens, an arrest can have severe immigration consequences beyond the criminal case itself — even without a conviction.

Green card holders

Certain convictions can trigger deportation proceedings
Aggravated felonies almost always lead to removal
Even misdemeanors can affect green card renewal
Arrests appear on immigration background checks

Contact an immigration attorney alongside your criminal defense lawyer

Visa holders (H-1B, F-1, etc.)

An arrest can lead to visa revocation
Convictions make visa renewal nearly impossible
You may be detained by ICE after jail release
Even dismissed charges appear on immigration records

Do NOT speak to ICE without an attorney present

Undocumented individuals

Any police contact risks ICE involvement
You still have ALL constitutional rights during arrest
Do NOT reveal your immigration status to police
You have the right to remain silent about your status

Invoke your rights. Do not sign any documents without a lawyer.

Language access

Your right to an Arabic interpreter

If English is not your primary language, you have important rights to language access during arrest, questioning, and court proceedings.

You have the right to a qualified interpreter during questioning
Miranda rights must be given in a language you understand
If you do not speak English well, say "I need an interpreter"
Statements taken without an interpreter may be inadmissible
Court proceedings require a certified interpreter
Your attorney can communicate with you in Arabic

Key phrases to remember

"I need an Arabic interpreter."

Say this clearly and repeat if needed

"I do not understand. I need a translator."

If they continue in English

"I want to speak to a lawyer."

This stops all questioning

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Common questions about arrest rights

Answers from Arabic-speaking criminal defense attorneys.

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Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Laws and rights vary by state and jurisdiction. This guide does not create an attorney-client relationship. If you have been arrested, contact a licensed criminal defense attorney immediately for advice specific to your situation. In case of emergency, call 911.