What to do in the first 7 days after a felony arrest.
Felony cases get shaped in the first week. The wrong statement, the wrong court appearance, or the wrong plea at the first hearing can be irreversible.
Talking to police is almost never the right move.
Even. Especially. If you think you can clear it up. Police questioning is structured to produce useful evidence for the prosecution. Polite refusal is your right and your strategy: 'I want to speak with an attorney before answering any questions.'
In custody
The first hours.
- 01
Invoke counsel and stop talking
The exact words: 'I want to speak with an attorney before answering any questions.' Then stop. Don't volunteer explanations. Don't try to clear things up. Don't talk to other detainees.
- 02
Make one phone call carefully
Jail calls are recorded except for calls to a lawyer. Don't discuss the facts of the case with family, friends, or partners. Tell them you're at the jail, ask them to call an attorney, and end the call.
- 03
Don't consent to searches
If officers ask 'mind if we look around?' or 'is it okay if we search the car?' the answer is 'I don't consent to searches.' Doesn't make you guilty. Doesn't make things worse. Preserves your rights.
First 48 hours
Bond and first appearance.
- 01
Get an attorney before the first appearance if possible
Bond hearings happen fast. An attorney at the bond hearing can argue for lower bond, better conditions, or release on recognizance. Going alone often produces worse bond conditions than necessary.
- 02
Understand the bond conditions
No-contact orders, travel restrictions, drug testing, GPS monitoring. Violating any condition triggers a separate offense and revoked bond. Read everything carefully.
- 03
Document everything you remember
From the moment you saw police lights through booking. What was said, what was searched, what was seized, who was there. Memory degrades within hours.
- 04
Don't post about the arrest on social media
Not even to vent. Posts get screenshotted, used in plea negotiations, and shown to juries. Set accounts private and post nothing.
First 7 days
Get ahead of the case.
- 01
Calendar every date
Arraignment, preliminary hearing, status conferences, license-related deadlines. Missing a court date is a separate offense (failure to appear) and triggers a warrant.
- 02
Don't talk to the alleged victim or witnesses
If there's a no-contact order in your bond conditions, even an innocent text is a separate charge. Even without a no-contact order, contact gets used in plea negotiations and at trial. Let the lawyers handle it.
- 03
Tell your employer only what you have to
Some jobs require self-reporting of arrests. Some don't. The timing and wording matter. An attorney can help you handle that conversation correctly.
- 04
Don't plead guilty at arraignment to 'get it over with'
Felony cases almost always have issues that emerge after discovery. Pleading at arraignment, before any review of the evidence, is the single most regretted move in criminal defense.
Six things never to do.
- · Talk to police, prosecutors, or 'just one more question' investigators without an attorney.
- · Consent to a search, a polygraph, a 'voluntary' statement, or a recorded call to anyone connected to the case.
- · Plead guilty at the first court appearance.
- · Violate bond conditions for any reason. Even a good reason. The court will not care.
- · Discuss the facts of the case on jail phone calls. They are recorded.
- · Assume the public defender is your only option. PDs are competent; private counsel has time and resources PDs don't.
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