Defense Strategies for Your Case What Happens When you are a

When you’re arrested on a criminal charge, things move fast and it’s easy to accidentally make the case harder on yourself. Here’s what typically happens and what to watch for.

• Stop / detention → arrest: Police may detain you briefly to investigate. If they believe they have probable cause, they’ll arrest you.
   
• Search and seizure: They may search you and your immediate area; your car may be searched in some situations. (With a warrant of probable cause)
   
• Transport + booking: You’re taken to a station or jail for fingerprinting, photos, property inventory, and paperwork.
   
• Charges are listed: You’ll be told what you’re being charged with (sometimes the full list evolves later).
   
• Bail decision: A judge/magistrate decides whether you can be released and under what conditions (cash bail, unsecured, non-monetary conditions, or held).
   
• First court date / “preliminary” steps: You’ll get dates for hearings. In many places there’s a preliminary arraignment (bail set) and later a preliminary hearing (for many felonies/misdemeanors) where the court decides if the case moves forward.
   
• Case continues: Discovery (evidence exchange), motions, negotiations, or trial.

• Talking too much. People try to “explain” and end up giving the prosecution admissions, timelines, or inconsistencies.  
  • You can say: “I’m invoking my right to remain silent. I want a lawyer.”  
• Consent searches. Officers may ask “Do you mind if I look?” If you consent, it removes arguments later.  
  • You can say: “I do not consent to any searches.” (Stay calm; don’t physically resist.)  
• Phone and messages. Your phone, texts, DMs, and photos can become evidence. Avoid discussing facts of the case with anyone except your attorney.  
• Jail calls are recorded. Calls (and often emails) from jail are monitored. Don’t “vent” details.  
• Bail conditions violations. Missing court, violating no-contact orders, alcohol/drug conditions, or travel limits can land you back in custody and add charges.  
• Social media. Posting about the arrest, the incident, or the “other side” can create evidence and complicate no-contact orders.  
• Witness contact. Reaching out to alleged victims or witnesses—even to apologize—can be viewed as intimidation or harassment.  
• Deadlines. Missing a court date can trigger a bench warrant. Keep a written calendar and reminders.

• Ask for counsel early and then stop talking about the incident.  
• Stay respectful and still. Don’t argue roadside; fight it in court.  
• Document what you remember as soon as you can safely do so: time, location, who was present, what was said, injuries, receipts, photos, names/badge numbers if you have them.  
• Preserve evidence (texts, call logs, GPS, video). Don’t delete things—deletions can look bad.  
• Line up release logistics: ID, money for bail, a responsible contact, stable address for bail purposes.