top of page

What Are My Rights If I'm Arrested

Getting arrested can be an intimidating and stressful experience, but knowing your rights can help you navigate the process more confidently. At Brinkley Law, we're committed to ensuring you understand your legal protections.

Here's a comprehensive guide to your rights if you find yourself under arrest:

1. The Right to Remain Silent

One of the most fundamental rights you have is the right to remain silent. This means you do not have to answer any questions from the police or provide any statements. Once you are arrested, you should explicitly state, “I am invoking my right to remain silent.” This can help prevent you from unintentionally incriminating yourself. Remember, anything you say can be used against you in court.

2. The Right to an Attorney

You have the right to consult with an attorney. If you cannot afford one, the court will appoint a public defender to represent you. It’s crucial to request an attorney as soon as possible after your arrest. You can say, “I want to speak to a lawyer.” Do not discuss your case with the police without your lawyer present.

3. Protection Against Unlawful Searches and Seizures

Under the Fourth Amendment, you are protected against unreasonable searches and seizures. The police need a warrant to search your home or personal property unless specific exceptions apply, such as evidence in plain view or exigent circumstances. If you believe your rights have been violated during a search, make sure to inform your attorney.

4. The Right to Know the Charges Against You

You have the right to be informed of the charges against you. This is a critical aspect of ensuring you can prepare an adequate defense. The arresting officers must provide you with the reasons for your arrest and the specific charges you are facing.

5. The Right to a Fair and Speedy Trial

The Sixth Amendment guarantees your right to a fair and speedy trial. This means you should be brought to trial within a reasonable time frame and have the opportunity to confront the witnesses against you. Delays can be challenged, and your lawyer can push for a timely trial to prevent prolonged incarceration without a verdict.

6. The Right to Reasonable Bail

In many cases, you are entitled to bail, which allows you to be released from custody while awaiting trial. Bail should not be excessively high and must be set at an amount that is fair considering the circumstances of your case. If you believe your bail is unreasonable, your attorney can request a bail reduction hearing.

7. Protection Against Self-Incrimination

The Fifth Amendment protects you from being compelled to testify against yourself. This is closely related to your right to remain silent. You cannot be forced to make a confession or provide information that may incriminate you.

What to Do if You’re Arrested

  • Stay Calm: Keep a clear head and remain polite and respectful to law enforcement officers.

  • Invoke Your Rights: Clearly state your intention to remain silent and request an attorney immediately.

  • Do Not Consent to Searches: Unless the police have a warrant, you are not obligated to consent to a search of your person, vehicle, or home.

  • Document Everything: If possible, take note of the officers; names, badge numbers, and any other relevant details about your arrest.


Understanding your rights can significantly impact the outcome of your case. At Brinkley Law, we are dedicated to protecting your rights and providing you with the best possible defense. If you or a loved one has been arrested, contact us immediately for a consultation. Our experienced attorneys are here to guide you through the legal process and ensure your rights are upheld. Stay informed, stay protected, and remember that Brinkley Law is here to support you every step of the way.



bottom of page