What to Do If You Are Arrested for the First Time?

Being arrested for the first time is overwhelming. Most people have little understanding of what an arrest truly involves, how the process unfolds in Indiana, or what steps they must take to protect themselves. A first-time arrest can happen quickly and unexpectedly, and emotions like fear, confusion, and embarrassment often interfere with good decision-making. This article explains exactly what someone should do—step by step—if they are arrested for the first time in Indiana, written from the perspective of an experienced criminal defense lawyer who has seen many first-time arrests unfold in real time.

When police inform someone that they are under arrest, the most important thing they can do is stay calm. Even minor physical resistance—pulling away, raising your voice, refusing to be handcuffed—can lead to additional charges such as Resisting Law Enforcement, which can turn a manageable misdemeanor into a more serious offense.

A person should:

• Keep hands visible
• Follow instructions
• Avoid sudden movements
• Refrain from arguing
   

A criminal defense attorney can later challenge an unlawful arrest, but resisting the arrest in the moment only makes the situation worse. The safest approach is to remain composed and cooperate physically, even if the arrest feels unfair or unjustified.

When the officer says, “You are under arrest,” it usually means:

• You are not free to leave
• You will be taken into custody
• You will be transported to a jail or holding facility
• You will be booked  (fingerprints, photographs, personal information)
   

An arrest is not a conviction, and it does not mean the person is guilty. It simply means the officer believes they have probable cause. An Indiana criminal defense lawyer often begins their work by analyzing whether that probable cause actually existed.

After an arrest, officers may continue asking questions, casually or formally. They may say things like:

• “Help me understand what happened.”
• “If you didn’t do anything wrong, just tell me your side.”
• “This will all go easier if you talk to me.”
   

These statements are strategic. Police interrogation training includes methods for encouraging first-time arrestees to talk. The safest and most protective response is always:

“I am invoking my right to remain silent and I want to speak with a criminal defense attorney.”

Once this is clearly stated, officers must stop questioning. Anything said afterward is often suppressible in court.

Many first-time arrestees expect to hear:
“You have the right to remain silent…”

However, police are only required to read Miranda rights when:

• A person is in custody, and
• Police are conducting interrogation
   

If officers do not intend to ask questions, they may not give a Miranda warning at all.

Failure to read Miranda rights does not automatically dismiss a case. It typically affects only whether statements can be used as evidence. A criminal defense lawyer will evaluate this issue during the early stages of the case.

Remaining silent means:

• No explanations
• No apologies
• No statements of innocence
• No details about what happened
• No answering “just one more question”
   

People often talk because they believe they can “clear things up.” But in practice, statements given while stressed or frightened rarely help. They almost always harm the defense.

Silence is not an admission of guilt—it's smart legal protection.

After the arrest, the individual may be transported with other detainees, placed in holding rooms, or booked alongside others. Conversations in these areas are never private.

Anything said can be:

• Overheard
• Recorded
• Repeated
• Used against the individual
   

Occasionally, another detainee relays information to police hoping to receive favorable treatment. A criminal defense attorney regularly encounters cases complicated by statements made to other jailed individuals.

The rule is simple: Say nothing about the case to anyone except your lawyer.

The booking process in Indiana usually involves:

• Collecting basic personal information
• Fingerprinting
• Taking photographs
• Searching personal property
• Inventorying belongings
• Checking for outstanding warrants
   

This process is routine. It can feel invasive, but it is standard procedure. Officers may ask administrative questions (address, date of birth, emergency contact). These are safe to answer because they do not relate to the alleged crime.

Beyond basic administrative questions, the person should continue to remain silent.

Everyone wants to call a family member immediately, but first-time arrestees should remember:

• All jail calls are recorded.
• All jail calls may be listened to by prosecutors.
   

This includes calls labeled as “monitored and recorded.” Even emotional statements can be taken out of context later.

The only safe topics for a phone call from jail are:

• “I am in jail.”
• “Please contact a criminal defense lawyer for me.”
• “Here is my location.”
   

Never discuss the incident, witnesses, or evidence on a jail phone.

Loved ones often panic when they receive a call about an arrest. The best support they can provide includes:

1. Contacting a criminal defense attorney immediately
2. Determining the jail location 
3. Checking the inmate roster for charges and bond
4. Avoiding discussing the case over the phone
    

An experienced Indiana criminal defense lawyer often provides guidance to family members to help them navigate bond, jail procedures, and early case strategy.

Bond is not always required. Some individuals are held until their initial hearing. If bond is set:

• Cash bond requires the full amount
• Surety bond involves a bondsman
• Some counties permit credit card payments
• Bond may come with release conditions (no drugs, no alcohol, no contact with alleged victims)
   

A lawyer may later request a bond reduction, OR release, or modified conditions.

Officers sometimes ask to search:

• Cell phones
• Bags
• Electronic devices
• Vehicles
• Homes
   

Even after arrest, consent makes searches legally valid.

The individual should clearly say:

“I do not consent to any searches.”

This preserves important legal defenses.

First-time arrests can carry emotional consequences such as:

• Panic
• Embarrassment
• Fear of losing employment
• Worry about family impact
• Sleeplessness
   

These reactions are normal. A criminal defense attorney often helps provide clarity by explaining the process, expected timeline, and possible outcomes, which often reduces much of the initial fear.

A person should contact a criminal defense lawyer immediately after an arrest, ideally before speaking to anyone else. The sooner an attorney becomes involved, the sooner they can:

• Protect constitutional rights
• Prevent harmful statements
• Begin gathering evidence
• Request early discovery
• Prepare for the initial hearing
• Address bond issues
   

Early legal intervention consistently improves outcomes.

A first-time arrest feels life-altering, but it does not define the future. Understanding the immediate steps—staying calm, invoking the right to remain silent, declining searches, protecting privacy, and contacting a skilled criminal defense attorney—can significantly change the direction of a case. With proper guidance, many individuals resolve first-time arrests without long-term damage to their lives.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.