You're Under Arrest! - Now What?

Although you may be confused, scared, or angry at first, if you have been placed under arrest or have been asked to go to the police station for questioning in a crime, you should contact a criminal defense lawyer immediately. Criminal defense lawyers know what your rights are and how you should handle your arrest.

A qualified defense attorney will advise you on your rights so you don't get caught off guard by police interrogation tactics. This legal advice alone could protect your freedom. After arrest and bail, you will be arraigned and assigned a court date. The US Court System is a very complicated justice system and you will need an attorney that is well versed in your state laws to argue your case. The following topics may help you understand the criminal justice process if you have been charged with a crime.

The severity of Criminal Charges

You could be charged with an infraction. An example of an infraction could be a noise violation. The punishment of an infraction can not be jail time, only fines, the loss of your license, or other personal liberty restrictions, excluding jail. You can not go to jail for an infraction. There are times in negotiations between your criminal defense attorney and the prosecutor of your case that will reduce a greater charge (felony or misdemeanor) to an infraction with the admittance of guilt. If you are charged with a Misdemeanor, the punishment is more severe. A misdemeanor can carry a jail sentence (up to a year in jail) and large fines. If it is your first offense and you are convicted, the best-case scenario is you are offered probation and a hefty fine. Being charged with a felony is the most serious criminal charge that can be brought against you. If you are convicted of a felony you may be sentenced to jail time in State Prison.

How to Handle the Police looking for you

If the police are looking for you or have called you directly concerning a crime, it is in your best interest to talk to a lawyer before you speak with the police. Although you have not been placed under arrest, anything you say to the police detectives over the telephone or casually in person can be used against you. Whatever you do, do not lie or tell mistruths to the police thinking that it can not be used against you. Everything can be used against you in a court of law if you have not been placed under arrest.


This article should shed some light on what to expect if you are detained by the police or placed under arrest. Getting arrested is a horrible experience that can only get worse if you do not have an advocate fighting for you. If you have been arrested, contact a criminal defense attorney immediately. It is in your best interest as your very personal freedom is in jeopardy.

If you have been arrested for illegal use of weapons or any other kind of crime you need a qualified criminal defense lawyer, contact a Louisiana Defense Attorney at the Law Firm of Carl Barkemeyer.