What to Do If You’re Arrested in New York: 5 Things You Should Never Say or Do
Being arrested is frightening and confusing — even if you’ve done nothing wrong. What you do (and don’t do) right after an arrest can have a huge impact on your case.
Here are five important things to remember if you’re arrested anywhere in New York.
1. Don’t Argue With the Police
It’s natural to feel upset or angry, but arguing or resisting arrest will only make the situation worse.
Even if you believe the officers are mistaken, that argument belongs in the courtroom — not on the street.
Anything that looks like resistance could lead to extra charges such as resisting arrest or obstructing governmental administration.
Stay calm, keep your hands visible, and avoid escalating the situation.
2. Don’t Try to Explain Your Way Out
You might think you can clear things up by explaining your side — but that’s rarely the case. Police officers are there to investigate, not decide guilt or innocence.
Anything you say can be used against you later. The safest response is simple:
“I want to remain silent, and I’d like to speak with a lawyer.”
That’s not being difficult — that’s exercising your constitutional rights.
3. Don’t Consent to Searches
If police ask to search your car, home, or phone, you can say no. Unless they have a valid warrant or legal justification (like probable cause), they can’t search without your consent.
Stay calm and say:
“I do not consent to any searches.”
You don’t need to argue — just clearly assert your rights.
4. Don’t Post or Talk About the Arrest Online
It’s tempting to defend yourself on social media or share what happened, but that can seriously hurt your case.
Anything you post — photos, texts, even comments — can be collected by prosecutors. The same goes for texting friends or family about the arrest.
Keep everything offline and discuss your situation only with your attorney.
5. Don’t Wait to Call a Lawyer
The sooner you get legal advice, the better. An experienced New York criminal defense attorney can guide you through questioning, help you understand your options, and start building your defense right away.
Whether you’re facing a DWI, assault, drug charge, or any other offense, early representation can make a big difference in the outcome of your case.
The Bottom Line
If you’re arrested in New York:
Stay calm
Say nothing without a lawyer
Never consent to searches
Get legal help immediately
You have rights — and you deserve a strong defense.
Ready to Talk to a New York Criminal Defense Attorney?
If you or someone you love has been arrested in New York, don’t face it alone.
At The Law Office of Stephen J. Carney, PLLC, I help clients protect their rights and fight for their future — from first arrest through trial.
