What Should You Do Immediately After Being Arrested for a Crime?

When someone is arrested, the experience can feel overwhelming, frightening, and unpredictable. Most people have little idea what to expect during an arrest, and even fewer understand how their earliest decisions may influence everything that comes afterward. 

As an attorney at The Law Office of Aaron Fonseca, I want people to know that their actions in those first moments matter. 

The criminal justice process in Edinburg, Texas, begins the second a person is taken into custody, and understanding how your choices connect to your future case is an essential part of protecting your rights.

In the early stages, people often feel pressure to talk, explain, or justify themselves, and law enforcement may ask questions that feel casual or harmless. But nothing about an arrest is casual, and every statement made from that moment forward can be used in court. This is why early decision-making is one of the foundations of a strong criminal defense. 

These first decisions set the tone for what follows and can significantly affect how a criminal defense case develops. Understanding what to do immediately after an arrest is one of the most powerful steps a person can take in preparing for a strong criminal defense, and I am here every step of the way.

Remain Silent

The most important thing you can do after being arrested is exercise your right to remain silent. Too many people believe they can talk their way out of an arrest or convince an officer to see things differently. 

This is rarely the outcome. What usually happens is that statements get recorded, repeated, or written down. These statements then become part of the prosecution’s case—often taken out of context and without the benefit of legal guidance.

Remaining silent is not an admission of guilt. It is a fundamental criminal defense protection under Texas and federal law. The only statement you should make is an explicit request for an attorney. 

I tell all my clients to practice this phrase: “I want to speak to my lawyer.” Those words shut down questioning, and under established United States Supreme Court rulings, officers must stop interrogating you once you request counsel.

Invoking your right to silence is one of the strongest early building blocks of effective criminal defense. It prevents avoidable damage, protects your position, and stops the escalation that often occurs when people talk too much out of fear or frustration.

Stay Calm & Avoid Physical Resistance

Another essential step is staying calm. I know how difficult that can be. Being handcuffed, placed in a patrol car, and taken to jail is an intense experience. But any physical resistance, even mild, can lead to additional charges. In Texas, resisting arrest does not require violence. 

Any attempt to pull away, argue physically, or refuse directives may expose you to extra charges that make your criminal defense far more challenging later.

Remaining calm also helps officers process you faster and reduces the risk of misunderstandings. 

As a criminal defense attorney, I can challenge the original arrest if the evidence supports it, but I can’t undo the consequences of additional charges caused by resistance. Your safest path is cooperating with basic physical procedures while refusing to answer questions.

Request an Attorney as Early as Possible

The moment you ask for a lawyer, officers must stop questioning you. This protection is one of the strongest criminal defense rights available. Requesting an attorney early prevents missteps and preserves your ability to later challenge questionable police conduct.

In Texas, after an arrest, you will eventually appear before a magistrate judge who reviews the charges and informs you of your rights. But long before that hearing, law enforcement may try to question you or get voluntary statements. 

When you say you want an attorney from The Law Office of Aaron Fonseca, the interrogation must end. I advise people to make this request immediately so that every part of their criminal defense can begin as early and effectively as possible.

Don’t Discuss Your Case

Jail conversations feel private, but they aren’t. Phone calls are recorded. Officers in holding cells can overhear. Even other inmates may repeat your words if they think it benefits them. 

As part of building a strong criminal defense, I tell clients never to talk about their charges with anyone except their lawyer. Not family. Not friends. Not cellmates. Not officers.

The prosecution can—and often will—use recorded statements against you. Protecting your privacy is a core part of protecting your criminal defense, and silence is your best strategy until you have legal counsel advising you.

Know What Happens During Booking

During this period, officers may try to make small talk or ask casual questions. Remember, your criminal defense depends on silence. You don’t have to explain where you were going, what you were doing, or why the situation happened. You only must answer factual identity questions, such as your name and date of birth. After an arrest, this includes:

• Fingerprinting

• Photographing

• Basic identifying questions

• Inventory of your personal property

• Placement in a holding cell

Understanding the booking process reduces fear and keeps you focused on your rights. As a criminal defense attorney, I regularly review booking records to see whether officers followed procedure, whether any rights were violated, and whether any evidence was collected improperly.

Reach Out to an Experienced Criminal Defense Lawyer Today

If you have been arrested for a crime in Texas, your first steps can meaningfully influence the outcome of your case. Staying silent, remaining calm, requesting an attorney, protecting your privacy, and paying attention to procedure are all essential building blocks of a strong criminal defense. 

At The Law Office of Aaron Fonseca, I help clients understand these rights and use them to protect their future. I am here to guide you through each step with a clear, focused, and powerful criminal defense approach. My firm proudly serves Edinburg, Texas, and the surrounding areas of McAllen, Mission, and the Rio Grande Valley. Call today.