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Criminal Defense · 5 min read

Know Your Rights: What to Do (and Not Do) After an Arrest

By David Okafor, Criminal Defense Counsel · Updated September 2026

Lawyers and clients reviewing documents at a table

As a former prosecutor, I watched good people weaken strong defenses in the first hour after arrest. Here is what actually protects you.

Do: remain silent, politely and clearly

State that you are exercising your right to remain silent and want an attorney. Then stop talking — small talk, explanations, and apologies all become evidence.

Do not: consent to searches

Officers may search anyway, but never consent. Clearly saying “I do not consent to a search” preserves your attorney’s ability to challenge everything found.

Do: remember details quietly

Badge numbers, times, exact words, witnesses — memorize them and write them down at the first opportunity. Share them only with your lawyer.

Do not: discuss your case with anyone else

Jail calls are recorded. Cellmates testify. Family group chats get subpoenaed. One confidant only: your defense attorney.

Do: call a defense lawyer immediately

Bail hearings happen fast, and early intervention can reduce charges or secure release. Our criminal defense team answers urgent calls around the clock.

Arrested or Under Investigation?

Speak to a defense attorney before answering questions — starting now.