What to Do If You’re Arrested in Arizona: A Step-by-Step Guide to Protecting Your Rights
Being arrested can be overwhelming and frightening. Whether it’s for DUI, drug possession, assault, domestic violence, or another criminal charge, what you do in the first few minutes and hours after an arrest in Arizona can significantly impact your case.
Here’s what you need to know.
1. Stay Calm and Do Not Resist
Even if you believe the arrest is unfair or unlawful, do not resist. Resisting arrest can result in additional charges under Arizona law (A.R.S. § 13-2508). Stay calm, comply physically, and avoid escalating the situation.
Anything you say or do during the arrest may later be used as evidence.
2. you have the right to remain silent
One of the most important rights you have is the right to remain silent. After being arrested, officers may read you your Miranda rights. Regardless of whether they do, you should clearly state:
“I am invoking my right to remain silent. I want to speak to an attorney.”
Then stop talking.
Do not:
- Explain your side of the story
- Try to talk your way out of charges
- Answer “harmless” questions
- Discuss the case with other inmates
Silence cannot be used against you. But your words can.
3. Do Not Consent to Searches
Police may ask for permission to search your car, phone, or home. You have the right to refuse consent. Even if they search anyway, your refusal may later help your attorney challenge the legality of the search in court.
4. understand the booking process
After arrest, you will typically be taken to jail for booking. This includes:
- Fingerprinting
- Mugshot
- Recording of charges
- Property inventory
You may have a chance to make a phone call. Use it wisely — contact a criminal defense attorney immediately.
5. Know What Happens at Your Initial Appearance
In Arizona, you must be brought before a judge within 24 hours of arrest.
At this hearing:
- The judge informs you of the charges
- Bail or release conditions are set
- Future court dates are scheduled
Having an attorney involved early can significantly improve bail outcomes.
6. Avoid Discussing Your Case
Do not discuss your charges with:
- Friends over the phone (calls are recorded)
- On social media
- Via text messages
- With cellmates
Prosecutors frequently use social media and recorded jail calls as evidence.
7. Contact an Experienced Arizona Criminal Defense Attorney
Early intervention can:
- Prevent formal charges from being filed
- Challenge unlawful searches
- Preserve crucial evidence
- Negotiate reduced charges
- Improve bail conditions
The earlier a defense strategy begins, the stronger it can be.
Final Thoughts
An arrest is not a conviction. You have rights. Protect them.
If you or a loved one has been arrested in Arizona, call the Law Offices of T. M. Allen immediately to protect your freedom and your future.
Disclaimer: This post is for informational purposes only and is not legal advice. Reading does not create an attorney-client relationship. Laws vary by state and individual circumstances. If you have questions about your specific situation, consult with a qualified attorney.
About the Author
Tyler M. Allen is a Tempe criminal defense and DUI attorney with extensive experience representing clients in misdemeanor, felony, and DUI cases. A graduate of Phoenix School of Law, Mr. Allen has successfully defended thousands of clients and has achieved numerous not-guilty verdicts and dismissals through his trial experience in Arizona courts.
AZ Bar #189388
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