Steps to Take if You Have Been Arrested

After an arrest, there are steps you can take to protect yourself and prepare for what comes next. The exact process will depend on your charge and the circumstances of your case, but you don’t have to know everything about the criminal justice system to start making informed decisions. 

Burch & Stewart Attorneys brings more than 20 years of experience serving clients in Manchester, including those who need criminal defense representation. We know how uncertain the period after an arrest can feel. While every case is different, this guide can give you a clearer idea of what to focus on next. 

Step 1: Be Careful About What You Say

After an arrest, you may want to explain what happened or correct what you think the police have wrong. What you say can become evidence in the case, so this isn’t the time to try to talk your way out of the charge.

You have the right to remain silent and ask for an attorney. If officers continue asking about the alleged crime, you can clearly say that you’re choosing to remain silent and want to speak with an attorney before answering questions.

Step 2: Understand Whether You’ll Remain in Custody or Be Released

After an arrest, you may remain in custody until bail is addressed or be released while your case is pending. Release may involve posting bond and following conditions set by the court, so make sure you understand exactly what’s required of you. Failing to follow those conditions can put your release at risk and lead to another arrest. 

Step 3: Keep Your Paperwork and Know Your Court Date

Keep the paperwork you receive after your arrest or release and check it for your charges, next court date, and any instructions you need to follow. In Tennessee, knowingly missing a required court appearance can lead to a separate failure-to-appear charge, and the court may issue a warrant for your arrest. 

Step 4: Prepare for Your First Court Appearance 

Your first appearance in court is an early stage of the case, not a trial. The judge or magistrate will address the charge and inform you of certain rights, including your right to an attorney. Depending on the charge and how the case was filed, you may also have a preliminary hearing, where the court decides whether there is probable cause for the case to move forward. In Tennessee, that hearing is generally scheduled within 14 days of the initial appearance if you remain in custody or 30 days if you’ve been released. 

Step 5: Talk With a Criminal Defense Attorney

Once you know what you’ve been charged with, a criminal defense attorney can start looking at what happened and what the prosecution has to prove. They can also represent you as the case moves into your first hearings and later court proceedings.

Burch & Stewart Attorneys has served clients in Manchester for more than 20 years. If you’ve been arrested, call 803-779-3363 or send us a message through our form. Tell us what happened, and we can discuss how our firm can help with your case.