Being arrested is one of the most stressful things that can happen to a person or a family. Everything moves quickly, you may not understand what is going on, and the choices you make early can affect your case later. This article covers the first 48 hours after an arrest in Tennessee. Every case is different.
Stay calm and stay quiet
The most important thing you can do is protect your right to remain silent. You do not have to answer questions about what happened, even if officers say it will help you or that you can just clear things up. Under the well-known Miranda rule, police must warn you of your rights before questioning you while you are in custody, but it is still up to you to use them.
You can say something simple and polite, such as: "I am going to remain silent, and I want to speak with a lawyer." Then stop talking about the case. Do not argue, explain, or try to talk your way out of it.
Do not consent to searches
If an officer asks to search your car, phone, bag, or home, you can say that you do not consent. You do not need to physically resist, and you should not. Simply stating clearly that you do not agree to a search keeps your options open for later.
Be careful with jail phone calls
Calls from jail are usually recorded, and the prosecution may be able to listen to them. Use your calls for practical matters: telling a family member where you are, asking someone to contact a lawyer, or arranging care for children or pets. Do not talk about the facts of the case with anyone on a jail phone, and do not ask friends or family to do anything about witnesses or evidence.
Understand what happens in the first two days
After an arrest, you are taken to jail and booked. That means your fingerprints and photo are taken and your information is recorded. In general, a person arrested without a warrant is entitled to a prompt review by a judicial officer to decide whether there was probable cause for the arrest. The U.S. Supreme Court has said that this review usually should happen within 48 hours.
In many Tennessee counties, a judicial commissioner or magistrate also sets the amount of bail, or decides on release conditions, fairly soon after booking. Your first appearance before a judge, where you are told of the charges and your rights, typically follows. Procedures differ from county to county, including Davidson and Rutherford, so ask the jail or court clerk how things work where you are held.
Learn your bail options
Bail is meant to help make sure you return to court. Depending on the charge, the court may allow release in different ways:
- Paying the full bail amount to the court
- Using a bail bondsman, who generally charges a non-refundable fee
- Release on your own promise to appear, in some cases
- Release with conditions, such as no contact with a certain person or no alcohol
Bail can sometimes be reviewed and changed by a judge. If the amount seems out of reach, an attorney can ask the court to look at it again, though no one can promise what a judge will decide.
Write things down as soon as you can
Memory fades quickly, especially after a stressful night. When you are able, write down everything you remember, such as:
- Where and when you were stopped or arrested
- What the officers said and did, and how many were there
- Whether you were read your rights, and when
- Anything you were asked to do, like field sobriety tests or a breath or blood test
- Names of anyone who saw what happened
- Any injuries, and what led to them
Keep your paperwork too, including your release papers, bond documents, and anything listing your charges and court date.
DUI arrests and your license
A DUI arrest can bring consequences beyond the criminal charge, including issues with your driver's license. Tennessee has an implied consent law. Refusing a test can bring its own license consequences. Speak with an attorney quickly to find out what applies to you.
Stay off social media
Posts, comments, photos, and messages can be saved and used by the prosecution. Even a short post like "I didn't do anything wrong" or a joke about the night can be taken out of context. It is safest not to post about your arrest or your case, and to ask family and friends not to either.
Talk to a lawyer as early as you can
You have the right to be represented by a lawyer. The earlier an attorney is involved, the more options you may have to protect evidence, deal with bail, and understand the charges. If you cannot afford a lawyer, tell the judge at your first appearance that you want to request one, so the court can consider appointing counsel.
Do not miss your court date
Write down your next court date and keep it somewhere safe. Missing court can lead to a warrant for your arrest, higher bail, and extra charges. If something comes up that makes it hard to attend, contact your attorney or the court clerk right away instead of waiting.
You do not have to figure it out alone
An arrest is not a conviction, and you have rights at every stage.
MT Legal represents people facing DUI, drug, assault, theft, and felony charges in Davidson, Rutherford, and surrounding counties. If you or someone you love has been arrested, contact our office to talk through your situation.
Learn more about Criminal Defense
This article is general information about Tennessee and federal law, not legal advice for your situation. Reading it does not create an attorney-client relationship.