A Step-by-Step Guide for Protecting Your Constitutional Rights in 2025
Nobody wants to get arrested, but it happens. While every situation is unique, there are some fundamental ways you want to respond if police officers pull you over or otherwise try to take you into custody. What steps should you take immediately after an arrest? What things should you avoid doing?
Ways You Can Protect Yourself After an Arrest
- Try to Remain Calm, If Possible—It’s often difficult when your freedom is in jeopardy, as your body may respond by producing adrenalin. Unfortunately, though, if you give any indication that you might resist arrest or pose a threat to officers, the situation could get a whole lot worse in a hurry, as officers may believe they need to use force.
- Exercise Your Constitutional Right to Remain Silent—Adrenalin and nerves can also make you talkative. Resist the urge to say more than is necessary. Don’t try to explain what you were doing or provide “evidence” of your innocence. Law enforcement officers are looking to use anything you say against you, both now and at trial. The less you say, the better.
- Don’t Be Belligerent or Uncooperative—Whenever possible, do what the officers ask you to do (aside from answering probing questions). Don’t resist getting into the vehicle or going to the station.
- Exercise Your Right to Have an Attorney Present at All Times—The Constitution guarantees you the right to have legal counsel present during any questioning. Request an attorney immediately, and keep asking for an attorney until one arrives. You can have a private consultation with your attorney when they arrive. Take the time to learn more about their experience and what they will do for you. Having the right lawyer can make a substantial difference in the outcome of your case.
- Try to Memorize the Details of Your Arrest—As soon as possible, go over in your head exactly what happened. Don’t write anything down, and don’t recite it aloud. Commit the names of all involved parties, including witnesses, to memory, so that you can share the information with your attorney.
Actions to Avoid During or After Arrest
In the moments immediately preceding or following an arrest, you may be inclined to do a number of things that could potentially be counterproductive:
- Don’t try to get rid of evidence—If you’re caught trying to destroy evidence, the charges against you could be significantly more severe.
- Don’t try to evade arrest—Evading arrest can generally be charged as a separate crime.
- Don’t try to talk your way out of arrest—You’ll usually end up saying something that can be used against you in court.
Contact the Aggressive Criminal Defense Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have fought for the rights of men and women facing criminal prosecution in Texas for more than four decades. We have a thorough understanding of the criminal law and process, and we will use our experience, knowledge, skill, and resources to protect your constitutional rights.
We are proven trial attorneys who will be a strong voice for you in all proceedings. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
