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What to do after an arrest

1. Know Your Rights

  • The right to remain silent if questioned by police.

  • The right to refuse a search of your person, your car, or your home. Say, "I do not consent to a search."

    • It is a good idea to calmly ask, "Am I under arrest?"

    • If you are not - you can ask, "Am I free to leave?"​

  • The right to be represented by an attorney before speaking with police.

    • Anything you say will be recorded and will be used against you, for example, do NOT admit to drinking alcohol, even if it was "just a couple of beers." 

    • The police and the prosecutor will not tell you whether or not your statements are incriminating

  • The right to know what charges have been brought against you.

  • The right to be told the identity of arresting officers.

  • The right to communicate by telephone with an attorney, family, friends or a bondsperson.

2. Search Incident to an Arrest

  • If you are under arrest, police typically have the right to conduct a limited search of your property and the immediate area around you that was under your control.

  • If you believe that the police are searching outside of the immediate scope, verbally object to the search.

  • Remain calm and silent, do not attempt to explain anything that the police may or may not find.

  • Remember that if you can remain calm, it is your best bet in order to avoid additional charges, such as Resisting Arrest,  Disorderly Conduct, or even Assault Third (a Kentucky felony which involves assaulting a law enforcement officer).

3. Jail + Booking

  • Once the police take you to the jail, you will be booked, which includes the taking of your fingerprints.

  • The booking process varies from jail to jail, but you will be given the opportunity to call an attorney, or to call your family who can then call an attorney.

  • If you can make bond, pay it quickly and get out of the jail. You do not want to fight your case from the inside. If you cannot, hire an attorney quickly to make a bond reduction motion.
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