An arrest is one of the most disorienting experiences a person can have. In the shock and confusion of the moment, it's easy to say or do things that make your situation worse. Understanding your rights in advance — before you ever need them — is one of the most important things you can do.
If you've just been arrested: Invoke your right to remain silent and your right to an attorney. Say clearly: "I am invoking my right to remain silent. I want to speak with an attorney." Then stop talking.
Your Miranda Rights
You've probably heard the Miranda warning in movies: "You have the right to remain silent. Anything you say can and will be used against you in a court of law…" These aren't just formalities. They're constitutional protections that apply the moment you're taken into custody and questioned.
Police must read you your Miranda rights before a custodial interrogation. If they fail to do so and obtain a confession, that statement may be suppressed — meaning it can't be used against you in court.
The Right to Remain Silent
This is your most important protection. You are not required to answer questions from police officers, detectives, or investigators. You can — and in almost every case should — politely decline to answer questions until you've spoken with an attorney.
People often believe that talking to police will "clear things up." In reality, statements made during an arrest are frequently used to build a case against you — even innocent-sounding ones. Silence cannot be used against you. Statements can.
To invoke this right, you must say so clearly. Remaining silent without stating your intention may not be sufficient. Say: "I am invoking my right to remain silent."
The Right to an Attorney
You have the right to have an attorney present during questioning. If you cannot afford one, the court will appoint one for you. This right also must be invoked clearly: "I want to speak with an attorney before answering any questions."
Once you invoke this right, police must stop questioning you until your attorney is present. Any statements obtained after this point — without an attorney — may be inadmissible.
The Right to Be Free from Unreasonable Search
The Fourth Amendment protects you from unreasonable searches and seizures. Police generally need a warrant to search your home. There are exceptions — like searches incident to a lawful arrest — but the boundaries matter. If your rights were violated during a search, evidence obtained may be suppressed.
You can decline consent to a search by saying clearly: "I do not consent to this search." This doesn't guarantee the search won't happen, but it preserves your legal options if it did.
What to Do After an Arrest
- Invoke your rights clearly. Say you want to remain silent and want an attorney.
- Do not resist physically. Even an unlawful arrest should be contested in court, not on the street.
- Take note of everything you can remember — officer names, badge numbers, what was said, time and location.
- Contact an attorney as soon as possible. The earlier you have legal representation, the more options you have.
- Do not post about your situation on social media. These posts can and will be used against you.
If you or someone you know has been arrested in Utah, time matters. Contact me for a free consultation — I'll explain your options honestly and without pressure.