No one ever plans to be arrested. But when it happens, the experience can be confusing, frightening, and overwhelming. Those first 24 hours are often a blur — emotions run high, time moves fast, and every decision you make can shape what happens next.
The biggest mistake most people make is reacting out of panic rather than understanding what’s really happening. The truth is, staying calm and making informed choices in those early hours can protect your rights and dramatically affect your outcome. One of the most important steps you can take during that time is contacting a qualified criminal defense attorney in Santa Rosa, CA, who can guide you through the process and help prevent avoidable missteps.
Here’s what you should — and shouldn’t — do in the first 24 hours after an arrest.
What You Should Do
1. Stay Calm and Respectful
It’s completely natural to feel angry, scared, or frustrated during an arrest, but losing your temper will only make things worse. Police officers document everything, and your behaviour could be noted and even used later in court. Stay polite and cooperative, even if you believe you’re being treated unfairly.
You don’t have to agree with what’s happening — but keeping your composure gives you the best chance to handle things wisely.
2. Exercise Your Right to Remain Silent
You’ve probably heard it in movies, but it’s not just a line — your right to remain silent is one of your strongest protections. Anything you say can and will be used against you, even casual remarks meant to explain or defend yourself.
Politely decline to answer questions until your lawyer is present. You can simply say, “I’d like to speak to a lawyer before answering any questions.” That’s your right — and invoking it early can save you from saying something that might be misinterpreted.
3. Ask for a Lawyer Immediately
Don’t wait to see how things play out before getting legal help. The sooner you have representation, the better. Your lawyer can advise you on what to say, help arrange bail, and ensure your rights are protected throughout questioning.
Having someone experienced in your corner also helps balance the scales — you’re up against professionals who do this every day. A lawyer ensures you don’t face that alone.
4. Contact Someone You Trust
If you’re allowed a phone call, use it wisely. Call a family member or trusted friend who can help contact your lawyer, arrange bail, or gather information. Avoid discussing the details of your case — the call may be recorded or overheard.
Keep it short and focused: where you are, what’s happened, and who to contact for legal help.
5. Pay Attention to the Details
As much as possible, take mental notes of everything that happens — what time you were arrested, what was said, how you were treated, and whether you were read your rights. These small details can be crucial later.
Once you’re able to, write down everything you remember while it’s still fresh. That record could help your lawyer identify errors, inconsistencies, or violations that might work in your favour.
What You Shouldn’t Do
1. Don’t Try to Explain or Argue Your Way Out
Even if you think it’s all a misunderstanding, trying to “clear things up” can easily backfire. Anything you say in frustration or confusion can be taken out of context. It’s better to stay quiet than to talk your way into a bigger problem.
Let your lawyer do the talking — that’s what they’re there for.
2. Don’t Sign Anything Without Legal Advice
You may be asked to sign documents or statements during your arrest or processing. Always read everything carefully and never sign anything without your lawyer’s approval.
Documents might seem harmless, but even simple acknowledgements can have legal implications. If you’re unsure, say you’d like your lawyer to review it first.
3. Don’t Discuss Your Case With Anyone Else
It’s natural to want to talk about what happened, but conversations with cellmates, friends, or even family members can be risky. Anything you say could be repeated, misunderstood, or passed along to the wrong person.
Keep all case details between you and your lawyer. That confidentiality is what keeps you protected.
4. Don’t Post About It Online
Resist the urge to “set the record straight” or vent on social media. Even a single post or comment can be used against you — and once something’s public, you can’t take it back.
Silence, in this case, truly is power. The less you say publicly, the better your chances of moving forward with a strong defence.
Regaining Control After an Arrest
The first day after an arrest can feel chaotic, but every choice you make matters. Staying calm, asking for legal help, and avoiding hasty decisions will set the tone for everything that follows.
While it’s easy to feel powerless in the moment, remember that the law gives you rights — and exercising them is not only smart, but essential. Surround yourself with professionals who understand the system, focus on what you can control, and trust that careful, measured actions will serve you better than panic ever could.
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