You’ve Been Arrested for a Serious Crime: What’s next?

Being arrested for a serious crime is one of the most terrifying and disorienting experiences you can face. What you do in the immediate aftermath will have a profound impact on your case. You need to act quickly and decisively. Here’s what you must know:

Step 1: Stay Silent and Protect Yourself

The most important thing to remember is don’t say anything to the police except for these words: “I want a lawyer.”

Anything you say—no matter how innocent or well-meaning—can and will be used against you. Police are not your allies; their primary goal is to gather evidence that supports your prosecution. Even casual, offhand remarks can be twisted to fit their narrative.

Do not discuss your case with anyone except your lawyer and investigator.

Be extremely cautious about talking to family or friends over jail phones. Every call made from a jail or police-controlled phone is recorded. These recordings are regularly reviewed by investigators and prosecutors who are hunting for incriminating statements. Jokes, frustrations, or innocent remarks can be taken out of context and presented as evidence.

Even in person, don’t talk specifics with anyone other than your defense team. Fellow inmates, often desperate to gain favor with prosecutors, will not hesitate to fabricate stories about how you “confessed” to them.

Step 2: Secure Bail

Each state has different rules regarding bail, but in most cases, you’ll need to post something to secure your release. Most bail bondsmen accept credit cards and may offer payment plans if you’re not a repeat offender.

Being out on bail gives you more freedom to work on your defense, meet with your lawyer and investigator, and avoid the harmful conditions of pretrial detention. Get this handled quickly—your time is critical.

Step 3: Hire a Private Investigator—Immediately

If you’ve been accused of a violent crime or one involving injury or death, your most urgent need after securing bail is a skilled private investigator (PI). Time is your enemy. Evidence deteriorates, witnesses vanish, and surveillance footage is overwritten.

An experienced PI can:

• Locate and interview witnesses before they disappear.

• Retrieve and preserve surveillance footage from the scene.

• Document overlooked evidence—shell casings, tire marks, or items missed by police.

• Identify vehicles in the area by documenting license plates.

Don’t rely on advertisements when selecting a PI. Often, the bigger the ad, the less competent the investigator. Look for someone with substantial law enforcement experience. Former police officers have the training and instincts necessary for fast, thorough investigations. Those without this background are at a significant disadvantage, especially in criminal cases.

Step 4: Get Legal Representation

You need a skilled criminal defense attorney, but don’t expect immediate results. Lawyers are hard to reach on evenings and weekends when arrests often happen. Public defenders are overworked, and you may not see one until well after your first court appearance.

Even with a private attorney, the legal process moves slowly. Police and prosecutors are not required to share their evidence (known as “discovery”) until legally mandated, often weeks after your arrest. This delay can cripple your defense if you’re not proactive.

This is why a PI is critical. While your attorney waits for discovery, the PI should already be investigating your case, preserving evidence, and building a defense. Attorneys are not trained investigators, and if they attempt to investigate, they risk becoming witnesses, which disqualifies them from representing you.

The Golden Window: Your Best Chance to Beat the Charges

The period between your arrest and your grand jury indictment or preliminary hearing is your golden window. During this time, your PI can gather exculpatory evidence—proof that may clear your name or weaken the prosecution’s case.

If this evidence is presented to the prosecutor early, it can force them to disclose it to a grand jury, potentially invalidating the indictment. Once you’re indicted, the road to trial becomes long, costly, and difficult.

If the prosecution succeeds in securing an indictment or probable cause ruling, you’ll likely face trial in one to three years. In the meantime, if you’re denied bail or can’t afford it, you’ll sit in pretrial confinement, often in abysmal jail conditions.

The Reality of the Justice System

The justice system is not designed to ensure fairness—it’s designed to convict. Prosecutors routinely use unreliable evidence, junk science, and outright lies to win cases. They frequently withhold evidence (a violation of the landmark Supreme Court case Brady v. Maryland) with little consequence.

If you’re innocent or overcharged, that won’t stop police and prosecutors from doing everything they can to convict you. This is why assembling the right team—attorney and PI—is critical.

How to Choose a Private Investigator

Your PI should have substantial police experience. This background provides the training and instincts necessary for criminal cases. Many licensed private investigators lack this foundation and are better suited for civil work.

If you don’t know where to start, ask your attorney for a recommendation. Be cautious—there are many licensed PIs who are unqualified to handle complex criminal investigations.

Final Words

Stay silent. Hire a lawyer and a private investigator. Act fast.

Your freedom depends on your ability to build a strong defense during the critical early days of your case. If you don’t act, the system will bury you in bureaucracy, delays, and false evidence.

Remember my personal slogan: “If justice ever happens, it’s usually by accident—and for all the wrong reasons.”