Criminal Defense · Haute Lawyer Network
What Are My Rights If I Am Arrested?
Last reviewed: May 2026
If you are arrested, you have constitutional rights that protect you throughout the criminal process. Understanding these rights and knowing how to exercise them can make a significant difference in the outcome of your case.
The Right to Remain Silent
The Fifth Amendment protects you from being compelled to incriminate yourself. You have the right to remain silent when questioned by police. How to exercise it: say clearly — "I am invoking my right to remain silent" — then stop speaking. Anything you say can be used against you in court, including statements you believe are helpful.
The Right to an Attorney
The Sixth Amendment guarantees your right to have an attorney represent you. If you cannot afford one, an attorney will be appointed at no cost. How to exercise it: say clearly — "I want an attorney." Once you make this request, police are legally required to stop questioning you until an attorney is present. Request one immediately upon arrest.
Miranda Rights
Police are required to read you Miranda rights before conducting a custodial interrogation. If police question you without reading your Miranda rights and obtain an incriminating statement, that statement may be inadmissible in court. However, the arrest itself is not invalidated — Miranda violations affect the admissibility of evidence, not the legality of the arrest.
Additional Rights Upon Arrest
- Right to know the charges — you must be informed of the charges against you at arraignment.
- Right to a phone call — most states give you the right to make at least one phone call after arrest.
- Right against unreasonable search and seizure — the Fourth Amendment protects you from unreasonable searches. Evidence obtained through an illegal search may be suppressed.
What Not to Do After an Arrest
Do not resist arrest, even if you believe it is unlawful. Do not consent to a search. Do not discuss your case with anyone other than your attorney — not with fellow inmates, family members during jail visits, or on the phone from jail. All of these are recorded.
Frequently Asked Questions
Do I have to answer questions if I am not under arrest?
If you are not under arrest and free to leave, you generally do not have to answer questions. You can ask: "Am I free to go?" If yes, you can leave.
What if police continue questioning after I invoke my rights?
Clearly repeat your invocation and stop engaging. Your attorney can later move to suppress any statements obtained after you invoked your rights.
Can I be arrested without being read my Miranda rights?
Yes. Miranda rights are only required before custodial interrogation. You can be arrested and held without Miranda warnings as long as police do not attempt to question you.
Should I cooperate with police to show I have nothing to hide?
This is one of the most common mistakes people make. Even innocent people can inadvertently make statements that are misinterpreted. The only statement you need to make is your invocation of rights.
What is the first thing I should do after being arrested?
Request an attorney immediately and stop talking. Everything else can be addressed with an attorney’s help.
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