Q: What will happen if I’m arrested?

A: You can expect to be searched for weapons by the police and taken to a police station. You will be advised of your rights under the United States Constitution. You have the right not to answer questions from the police and to have a lawyer present. As soon as you request a lawyer, the police are not supposed to question you further. If you cannot afford a lawyer, the court will appoint one for you.

Q: What basic things should I remember if I’m arrested?

A: You have the right to have a lawyer present. Once you have identified yourself, you may refuse to make any statement or discuss the case with anyone. On the other hand, you may choose to answer questions, sign papers or take tests. Remember that any information you give voluntarily can be used as evidence against you in court. Law enforcement officers cannot use force or threaten you to make you answer questions and cannot offer leniency in exchange for any written or oral statements.

Q: How soon after being arrested must I be allowed to appear before a judge?

A: After you are arrested and processed, you must be brought before the judge for an "initial appearance" within a reasonable time. This is usually within 24 hours unless your arrest took place over a weekend, when the initial appearance usually occurs the following Monday.

Q: What is bail?

A: Bail is designed to guarantee your appearance in court. Sometimes the court will require a "recognizance" bond, under which you agree to pay a certain amount of money if you fail to appear in court. Sometimes the court will require you to pay a specific amount of money to the clerk of courts. Sometimes the court allows you to deposit a bond or title to a vehicle or home. Usually a member of the family must get the money, deposit it and then show the receipt in order to get you released.

Q: What if I’m arrested and can’t afford to hire a lawyer?

A: If you can’t afford to hire a lawyer, the first thing to tell the court at your initial appearance is that you wish to speak to someone from the public defender’s office. Generally, the court will postpone your case and provide you with the address and telephone number of the local public defender.

To download the full Becoming a Legal Adult Booklet, please click here.