What to Do if You Are Arrested in Philadelphia: A Step-by-Step Guide

There are many causes for being nervous and afraid after getting arrested, and in Philly, the need to understand all rights and all the things a person must do to protect themself becomes so much more real. Here, step by step, is exactly how you may do it the right way.

Step 1: Keep Cool and Calm

The first and most crucial thing to do if you get arrested is to keep your cool. Being agitated or upset can raise the stakes of the situation and even make it worse. Breathe, relax, and try to keep as calm as possible.

Why This Matters:

• Law enforcement officers may perceive aggressive behavior as a threat.

• Keeping calm can avoid misunderstandings and keep the situation in check.

Step 2: Know Your Rights

Everyone is protected in the United States by several rights that individuals should expect to exercise while under arrest. These rights are generally understood to be a form of the Miranda Rights that encompass:

• To say nothing to avoid self-incrimination

• The right to an attorney

• The right to counsel

This implies that as long as police don't explicitly state your rights, this invalidates any other statement you provide, but of course, do insist on being read your rights regardless of this fact.

Key Points:

• You are not obligated to answer any questions beyond giving your name and other minimal identifying information.

• Say politely but firmly: "I am exercising my right to remain silent and would like to speak to an attorney."

Step 3: Do Not Resist Arrest

Even if you think your arrest is illegal or unfair, do not resist. The extra charges you could get are to assault a police officer. These can be real complications in your case. Simply comply with what the officers say and argue later with your lawyer or a judge.

Dos and Don'ts:

• Do comply with lawful commands (for example, put your hands behind your back).

• Do not try to flee, debate, or physically fight with the officers.

Step 4: Demand to See an Attorney Right Away

Request to speak to an attorney as soon as possible. It is your right under the constitution, and it is essential that you have a qualified attorney representing you in your case. Avoid talking about the case with any other person besides your attorney.

Why You Need an Attorney:

• An attorney will be able to explain the nature of the charge against you.

• They can plead your case in interrogations and court cases.

• They will make sure that your rights are observed during the whole process.

Step 5: Be Careful About What You Say

Anything you say after being arrested can be used against you in court. This includes casual remarks or statements made in frustration. Even if the officers seem friendly or sympathetic, avoid discussing the case or providing explanations.

Tips for Communication:

• Speak only when necessary and keep your responses brief.

• Do not discuss your case with other detainees; conversations in holding cells are not private.

Step 6: Cooperate During Booking

Once you are arrested, you will probably be booked. This means:

• You will be asked to provide personal information, such as your name, address, and date of birth.

• Your fingerprints and photograph will be taken.

• Any personal belongings will be secured for safekeeping.

As unglamorous as this process may seem, it's a standard part of the arrest procedure. Cooperate fully and be respectful.

Step 7: Understand the Charges Against You

Once the police or your prosecutor process you, they will determine the charges against you. Charges in Philadelphia might be misdemeanors, such as disorderly conduct, or felonies like assault or theft.

Important Questions to Ask Your Attorney:

• What are the specific charges?

• Are these misdemeanors or felonies?

• What are the possible sentences if convicted?

Step 8: Post Bail or Get Released

Depending on the charges, you may be eligible for bail or release on your own recognizance (ROR). Bail is a financial guarantee that you will return for future court dates. In Philadelphia, the bail process varies depending on the severity of the offense and your criminal history.

How Bail Works:

• Bail Hearing A judge will decide whether or not to grant bail and set the amount.

• Posting Bail You (or a family member/friend) can pay the bail amount in cash, or you can work with a bail bondsman.

• ROR In some cases, you will be released without paying bail but will need to promise to attend all court appearances.

Your attorney may discuss with you what you should do about bail.

Step 9: Prepare for Your Court Appearance

Once released, your next step is to prepare for your court date. Failing to appear in court can result in a warrant for your arrest and additional charges.

Steps to Take:

• Work closely with your attorney to develop a defense strategy.

• Gather any relevant documents or evidence that may support your case.

• Follow any conditions of release (e.g., no contact orders or curfews).

Step 10: Navigate the Philadelphia Legal System

Going through the system in Philadelphia may be confusing so knowing how things work is best. Cases could actually be heard at one of two courts:

• Municipal Court: Deals with misdemeanors and preliminary hearings; sometimes hears small civil cases

• Court of Common Pleas: Handles felonies and other heavier cases.

Your attorney will walk you through the process, including arraignment, pre-trial motions, plea bargaining, and trial (if necessary).

More Tips on How to Deal with an Arrest in Philadelphia

Understand the Role of the Philadelphia Police

The Philadelphia Police Department enforces city, state, and federal laws. Officers are trained to follow proper procedures during arrests, but mistakes can happen. If you believe your rights were violated, document the details (e.g., officer's name, badge number, and time of arrest) and inform your attorney.

Understand Diversion Programs

Philadelphia has diversion programs for some low-level crimes. The diversion programs may enable you to not have a criminal record if you fulfill specific conditions (such as community service and counseling). Ask your lawyer whether you qualify for the following diversion programs:

• Accelerated Rehabilitative Disposition (ARD)

• Youth Aid Panel (for minors)

Steer Clear of Social Media

Do not make public posts about your arrest or case on social media. Prosecutors and law enforcement can monitor you, and whatever you post could be used against you in court.

Common Errors to Avoid

• Talking to the Police Without a Lawyer: Regardless of how comfortable you are with yourself, allow your lawyer to do all talking.

• Missing Court Dates: Show up for every court date. You do not want to make things worse by missing a court date.

• Don't ignore your attorney's advice, even if you disagree with some of his recommendations.

Step 11: After Arrest

Regardless of the outcome of your case-dismissal, plea bargain, or trial-you should adhere to any court orders and conditions. If you are convicted, work with your attorney to discuss such alternatives as:

• Appealing the decision.

• Requesting probation instead of jail time.

• Seeking expungement to clean up your record when eligible.

Partner with a Trustworthy Philadelphia Law Firm

Dealing with an arrest requires legal expertise, and you need a trusted Philadelphia law firm. Alva Firm is an aggressive and personal law firm with a track record of representation in criminal cases. Whether it's help for bail, court appearances, or defense strategy, the attorneys will help you at their best. Visit The Alva Firm to know more on how they can protect your rights and get the best possible outcome for your case.

Conclusion

Being arrested in Philadelphia is a serious matter, but knowing your rights and taking the right steps can make a difference. Staying calm, asserting your rights, and working closely with a skilled attorney can really make a difference in the way the case turns out. Every case is different, so it's essential to get personalized legal advice.

If you or a loved one are arrested in Philadelphia, act quickly and wisely. The choices you make in those first moments can have a lasting impact on your case and your future.