What Do You Do When You’re Arrested for a Crime?
Being arrested is one of the most stressful and intimidating experiences a person can face. If you're arrested for a crime in Washington state, it’s natural to feel scared and overwhelmed, but how you respond in those first few moments can make a significant difference in the outcome of your case.
I’m here to help you along the way. Metro Law Firm can walk you through some essential steps to take if you’re arrested for a crime in the Tri-Cities of Kennewick, Pasco, Richland, or the surrounding areas including Benton-Franklin County, Yakima County, Walla Walla County, or Seattle, Washington.
Stay Calm and Cooperate With Law Enforcement
The first and most important thing to remember is to remain calm. Panicking, arguing with law enforcement, or resisting arrest can lead to additional charges such as obstruction or resisting arrest.
Even if you believe the arrest is unjust or unfair, this isn’t the time to protest. Your goal is to get through the arrest process without escalating the situation. You should:
Remain polite and respectful: Don’t provoke the officers or give them a reason to become more aggressive.
Keep your hands visible: If you’re in a vehicle, keep your hands on the steering wheel. If you’re on foot, keep your hands where officers can see them.
Follow instructions. Comply with the officers' requests, such as providing identification.
Remember, you can always challenge the legality of the arrest later with the help of your criminal defense attorney. The key is to avoid actions that could lead to additional charges or make the situation worse.
Exercise Your Right to Remain Silent
Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent. This is one of the most powerful protections you have when facing criminal charges.
Anything you say to law enforcement can be used against you in court, so say as little as possible until you’ve consulted with a criminal defense attorney. After you’ve been arrested, you should:
Politely decline to answer questions: You can say something like, “I am invoking my right to remain silent,” or simply, “I want to speak with my attorney.”
Don’t offer any explanations or excuses: You might be tempted to explain your side of the story or protest your innocence, but it’s best to wait until you have legal representation. Even seemingly innocent statements can be misconstrued and used against you.
Don’t sign anything: You shouldn’t sign any documents, such as confessions or waivers of rights, without first consulting an attorney.
Ask for an Attorney
You also have the right to an attorney, and this is another critical protection. After invoking your right to remain silent, you should immediately ask for a lawyer. Even if you can’t afford an attorney, one will be provided for you, and it’s important to take advantage of this right.
Once you’ve asked for an attorney, the police are supposed to stop questioning you until your lawyer is present. Don’t engage in further conversation with law enforcement, even if they seem friendly or try to suggest that cooperating will help you. The way to protect yourself is to have a skilled criminal defense attorney by your side as soon as possible.
Know Your Rights
Washington state law affords individuals certain protections during the arrest process, and it’s crucial to understand these rights. In addition to your right to remain silent and your right to an attorney, you also have the right:
To be free from unreasonable searches and seizures: The police can’t search your property or person without a warrant or probable cause. If they violate this right, any evidence obtained may be inadmissible in court.
To be presumed innocent until proven guilty: You’re not required to prove your innocence; the prosecution must prove your guilt.
To a speedy trial: You have the right to a trial without unnecessary delays.
To confront witnesses: During your trial, you have the right to question any witnesses who testify against you.
Understand the Charges Against You
In Washington state, when you’re arrested, the police must inform you of the reason for the arrest. This could be the result of an arrest warrant, or it may happen at the scene of a crime or traffic stop. Either way, you’re entitled to know the nature of the charges being brought against you.
After your arrest, you’ll be taken to a police station for booking. This process involves taking your fingerprints, photographs, and personal information. Depending on the circumstances, you may be released after booking, or you may be held in custody until your first court appearance, also known as the arraignment.
Go Through the Arraignment Process
The arraignment is your first court appearance after being arrested. In Washington state, this must occur within 72 hours of your arrest (excluding weekends and holidays). At the arraignment:
You’ll be formally told the charges against you.
You’ll have the opportunity to enter a plea—typically, “guilty,” “not guilty,” or “no contest.”
The judge may set bail or release you on your own recognizance (OR). The decision will depend on the nature of the charges, your criminal history, and whether the judge believes you pose a flight risk or a danger to the community.
Your criminal defense attorney will play a key role at this stage, advising you on how to plead and advocating for favorable bail conditions.
Pay Bail and Get Released
In Washington state, after your arraignment, you may be eligible for release while your case is pending, either by posting bail or by being released on your own recognizance. Bail is a financial assurance that you’ll return for your court appearances. If you’re released on OR, you don’t have to pay bail, but you promise to appear in court when required.
If bail is set, you can pay the amount in full or use a bail bondsman, who typically charges a non-refundable fee (around 10% of the total bail amount). Your attorney may argue for a lower bail amount or for release without bail, depending on the specifics of your case.
It’s essential to follow all conditions of your release. Failure to appear in court or violating the terms of your release can result in additional charges, revocation of bail, and immediate arrest.
Start Building Your Defense
Once you’ve been released, a skilled criminal defense lawyer will review the evidence, investigate your arrest, and help you understand your options. In Washington state, the burden of proof is on the prosecution, meaning they must prove your guilt beyond a reasonable doubt.
Here are some common defense strategies your attorney might explore:
Challenging the legality of the arrest: If the police violated your rights during the arrest, your attorney could file a motion to suppress evidence or dismiss the charges altogether.
Questioning the evidence: Your lawyer will scrutinize the evidence collected by the police to make sure it was obtained legally and is reliable. If there are inconsistencies or weaknesses in the prosecution’s case, your lawyer will highlight them.
Negotiating a plea deal: In some cases, it may be in your best interest to negotiate a plea deal with the prosecution, especially if the evidence against you is strong. This could involve pleading guilty to lesser charges in exchange for a more lenient sentence.
Preparing for trial: If your case goes to trial, your attorney may work to create a compelling defense and present evidence that supports your innocence.
Contact a Criminal Defense Attorney Today
Being arrested for a crime is a frightening experience, but you don’t have to face it alone. Whether you’re facing misdemeanor or felony charges in Washington state, having a skilled criminal defense attorney like Gary Metro can help. If you or someone you love has been arrested, contact me at Metro Law Firm today to get started with a complimentary consultation.