What to Do If You Get Arrested—10 Crucial Steps
Everything can feel like it’s spiraling out of control when you’re arrested. Your mind races, your heart pounds, and you’re overwhelmed with questions. What to do if you get arrested? How can you protect yourself? The good news is that you don’t have to face this situation alone. Getting legal help and knowing what to do if arrested can help you safeguard your rights and set the foundation for a strong defense.
At New Mexico Criminal Law Offices, we believe that even in your darkest moment, you deserve someone in your corner, fighting for you every step of the way. Below, we provide 10 essential steps to take if you or someone you care about has been arrested in New Mexico.
Understand That Innocent People Get Arrested
Being arrested doesn’t mean you’re guilty. Innocent individuals are arrested daily due to mistaken identity, circumstantial evidence, or incomplete investigations.
Your innocence matters. An experienced attorney is essential to proving it. A skilled New Mexico criminal defense attorney can analyze the evidence, expose the prosecution’s case weaknesses, and work toward dismissal or reduced charges.
Your Rights As a Defendant in New Mexico
Under both the U.S. Constitution and New Mexico state law, you have rights designed to protect you throughout the criminal process. Some of those rights include the following:
- The right to counsel is guaranteed under the Sixth Amendment.
- Protection against unreasonable searches and seizures is provided under the Fourth Amendment.
- The presumption of innocence means you are innocent until proven guilty beyond a reasonable doubt.
Understanding and exercising these rights is key to building a strong defense.
Know Your Miranda Rights
When arrested, you must be told about your Miranda Rights, which include:
- The right to remain silent,
- The right to an attorney, and
- The warning that anything you say can be used against you in court.
If these rights are not read to you, courts may exclude statements or evidence obtained during improper questioning. However, this protection only applies once you’re officially in custody, so be cautious about voluntary conversations before an arrest.
Stay Silent and Request an Attorney
Anything you say can—and likely will—be used against you in court. Even casual remarks or attempts to explain your side of the story can be twisted to build a case against you. Therefore, even if you think what you are saying is helping your case, it is highly likely that speaking to the police will hurt you.
Here’s what to do if arrested:
- Politely inform law enforcement that you’re invoking your right to remain silent,
- State clearly that you want to speak to an attorney, and
- Do not sign any documents or respond to questions unless and until your attorney is with you.
This right, protected under the Fifth Amendment, is your strongest shield in the moments following your arrest.
Silence Is Not a Sign of Guilt
Many people worry that staying silent will make them appear guilty. That’s simply not true. Silence cannot legally be used as evidence against you. Speaking without the advice of a lawyer can and often does result in confusion or statements that can be used to incriminate you. Silence is a powerful tool for protecting your rights and ensuring a fair legal process.
The only phrase you should utter is: I want to speak to my attorney.
By exercising this right, you avoid mistakes that could complicate your case. When you avoid such mistakes, you give your attorney a stronger foundation to build your defense.
Remain Polite and Composed
Your attitude matters. Being rude, combative, or aggressive can escalate the situation and result in additional charges.
Instead, remain calm and respectful:
- Avoid arguing with law enforcement, and
- Do not physically resist arrest, even if you believe it’s unjustified.
Resisting arrest is a separate criminal charge, so don’t add to your problems by resisting the officer. If they are behaving badly, your lawyer can deal with that later in a way that can help your case rather than harm it. And remember, being courteous doesn’t mean admitting guilt; it helps maintain credibility and protects your case.
Be Cautious—Law Enforcement May Mislead You
Police officers are trained to extract information, even if it means ruthlessly bending the truth. They might claim to have evidence they don’t have, or they might suggest that confessing will help your case. Don’t fall for law enforcement tactics designed to get you to incriminate yourself.
Once your attorney is present, law enforcement must operate within stricter boundaries, making it much harder for them to pressure or mislead you.
Protect Your Home and Privacy
If police come to your home, don’t let them in unless they have a valid search or arrest warrant. Without a warrant, police generally cannot enter your home unless there’s an urgent situation, such as a medical emergency or immediate risk of harm—i.e., exigent circumstances. If you let them in, you give them the opportunity to search anywhere in your home where they could think someone is hiding and ready to attack them—which could be just about anywhere. If they have no warrant, you are not required to let them in.
Also, avoid leaving your home if they ask you to step outside and talk. Without an arrest warrant, they cannot arrest you inside your home. If you step outside, you solve this problem for them.
Stay firm and focused on your rights. If you’re unsure, stay inside and call your attorney immediately.
Ask If You’re Free to Leave
If you’re being questioned but haven’t been formally arrested, ask directly: Am I free to leave?
- If the officer says yes, leave immediately.
- If the answer is no, remain calm, stop answering questions, and invoke your right to an attorney.
This ensures you don’t accidentally waive your rights or give unnecessary information. If you are detained, you are required to see a judge or magistrate within 48 hours of your arrest.
Exercise Your Right to Make Phone Calls
You’re entitled to make three phone calls within 20 minutes of your arrest. Use these calls to:
- Notify a trusted family member or friend of your arrest, and
- Contact a New Mexico criminal defense lawyer to represent you.
If you’re moved to a different facility, ask for another opportunity to call your attorney and inform them of your location.
Stand Firm Against Threats
Law enforcement cannot legally force or threaten you into confessing. However, fear tactics are sometimes used to pressure individuals into giving statements.
Stay strong and wait for your attorney before saying or signing anything. With a skilled New Mexico criminal defense lawyer, you’ll have the guidance to make informed, advantageous decisions.
Why You Need a New Mexico Criminal Defense Attorney
Dealing with the criminal justice system on your own can be terrifying. At New Mexico Criminal Law Offices, we have more than three decades of experience defending clients facing serious offenses such as drug trafficking and assault. Here’s how we can help:
- Analyzing your case and identifying weaknesses in the prosecution’s evidence,
- Building a strategic defense by tailoring arguments to your unique circumstances, and
- Protecting your rights by ensuring law enforcement and prosecutors follow the law.
Our team knows the stakes are high, and we’re committed to using our extensive experience and legal skills to fight for the best possible outcome.
Your Story Doesn’t End After Your Arrest
Your arrest is a turning point, but it doesn’t have to define your future. With the right legal team, you can turn a terrifying experience into an opportunity to reclaim your life.
Time is critical after an arrest. Contact New Mexico Criminal Law Offices today for a confidential consultation. Let us stand by your side and fight for your rights.
Resources
- Constitutional Amendments – Amendment 6 – “The Rights of the Defendant”. Ronald Reagan Presidential Library, link
- What Does the Fourth Amendment Mean? U.S. Courts, link
- N.M. Const., Art. II, § 10, link
- N.M. Const., Art. II, § 15, link
- New Mexico Statutes Annotated Section 31-1-5, Procedures on Arrest, link
- New Mexico Rules Annotated Rule Set 5 – Rules of Criminal Procedure for the District Courts Section 5-301, Arrest without warrant; probable cause determination; first appearance; link
- Navigating the System, Office of the Second Judicial District Attorney, link
- Court Rules for Pretrial Release & Detention, New Mexico Courts, link