An arrest can be a frightening experience. For a brief period of time, the accused is isolated from family and friends, and subject to the stress and uncertainty which accompanies a formal criminal charge. Knowing your rights, should you be arrested, will greatly reduce the risk that you may unwittingly compromise your own defense.

The most important right given to any accused is the unqualified right to remain silent. Although it is a natural reaction in most people accused of wrongdoing to attempt to explain or justify their conduct, it must be remembered that any statement, written or oral, made by an accused can and probably will be used against that person should his or her case go to trial. On the other hand, the failure of an accused to speak with the police cannot be used against that person in any respect. Moreover, the police have no authority to make any deals. Consequently, there is no legal reason for anyone under arrest to answer questions. The wisest course to pursue, should you be arrested, is to immediately request to speak with an attorney, or with a relative or friend for the purpose of obtaining an attorney. If you cannot afford an attorney, you should request to speak with a public defender.

If you do not have immediate access to an attorney, or to a relative or friend, do not panic and do not make any statements. The police must bring you before a judge, without unnecessary delay, for the purpose of informing you of the nature of the charges preferred against you and enable you to contact, free of charge, an attorney and a relative or friend. If you cannot afford an attorney, the court will appoint one for you, at least in cases where the charge against you is a misdemeanor or felony.

Remember, there are only two things that you should do if you are arrested: (1) refuse to answer any questions or make any statements - other than to identify yourself if your identity is unknown; and (2) immediately request to speak with an attorney.