An arrest is a critical moment. What you do in the hours and days after can determine your legal options and the strength of your defense. At The Law Offices of Joseph Lesniak, LLC, we are ready to protect your rights from the earliest moment. This guide explains concrete steps you can and should take: when to speak, when to stay silent, and when to secure legal counsel.
What Are Your Rights When Arrested?
From the moment of arrest, you remain presumed innocent. The government bears the burden of proving guilt. You also benefit from key constitutional protections, especially the Fourth, Fifth, and Sixth Amendments, which guard against unreasonable searches, self-incrimination, and guarantee the right to counsel in criminal prosecutions.
Before substantive questioning begins, law enforcement must read you your Miranda rights: you have the right to remain silent; anything you say may be used against you; you have a right to an attorney; and if you cannot afford one, an attorney will be provided.
If the police continue questioning after you ask for counsel or invoke your right to silence, those statements may be subject to suppression.
In arrest cases without a warrant, Pennsylvania Rule 519 requires that a complaint be filed and a preliminary arraignment conducted without undue delay (Rule 519 governs how quickly you must be presented to a judge).
Also, Rule 515 states that an arrest warrant can be executed anywhere in the state, and must be carried out by a law enforcement officer. That means even if you are outside the issuing jurisdiction, you may still be arrested under it. Knowing whether your arrest was with or without a warrant may impact your ability to challenge it later.
Warrant or not, understanding procedure and asserting your rights is vital. With that baseline understanding, let’s walk through what you must say, or not say, once questioning begins.
Invoke Silence & Request an Attorney
As soon as officers begin questioning you, state clearly: “I invoke my right to remain silent. I want an attorney.”
That simple, direct invocation stops further questioning until your attorney is present. Silence by itself is not enough. You must expressly waive or assert the right. Even if you accidentally start talking, you can still stop and request counsel, it’s not too late.
Once you request an attorney, interrogation must cease. Any statement elicited after that point, unless in the presence of counsel, may be challenged. That does not mean law enforcement cannot engage in small talk or innocuous questions, but they cannot resume interrogation about the crime.
If you delay, prosecutors may argue your silence or hesitation indicates you were willing to talk. Early invocation reduces that risk.
Do Not Volunteer Information
Even if you believe you are innocent, resist the urge to explain, justify, or try to “clear things up.” What seems harmless or factual can later be twisted or used against you.
Police may frame your remarks in ways you did not intend. For example, saying ‘I was just walking by’ might be later portrayed as admission of presence or involvement.
Wait for your attorney to advise whether any statement or explanation is strategically beneficial.
Refuse Consent to Search Requests
You do not have to consent to a search of your person, vehicle, or property. If asked, calmly say: “I do not consent to a search.”
If a valid warrant authorizes a search, it may proceed, but voluntary consent can undercut suppression arguments.
You are within your rights to refuse a search, even without a warrant. If in doubt, refuse, and let your attorney later evaluate whether the search was lawful.
Consent must be voluntary and without coercion under Pennsylvania law. If an officer overreaches, a Delaware County criminal defense attorney can challenge it.
Document What Happens & Preserve Critical Information
As you remain calm, try to record (mentally or, when safe, in writing) the following details:
- Names, badge numbers, and agencies of officers present
- Time, location, and sequence of events
- Any witnesses or bystanders (names, contact info)
- Whether any cameras or recording devices are present
- Questions asked, responses given
Only document what you can safely, and never interfere with officers. These notes help your attorney reconstruct the encounter, bring suppression motions, and assess credibility of law enforcement.
Post-Arrest Procedures in Pennsylvania
Booking & Arrest Processing
After transport, law enforcement will perform booking procedures including fingerprinting, photographing, and collecting identifying information. Under the ‘booking exception,’ limited administrative questions (name, address, age) may be asked even before Miranda warnings. These questions are limited to basic identification and may not include anything about the alleged crime.
This process establishes your official record and is a procedural step before the court phase begins.
Arraignment & Bail
At arraignment, the charges you face are formally presented. A judge or issuing authority will consider bail, release conditions, or remand. Counsel can argue for release on recognizance (released without posting bail) or minimal bail if appropriate given the facts and charges, ties to the community, or mitigating factors.
In certain misdemeanors under Rule 519, if criteria are met (no threat to public safety and sufficient assurance you will appear in court), the arresting officer must release you rather than proceeding immediately to a full arraignment.
Be aware that in cases involving domestic violence, sexual offenses, or certain violent crimes, stricter bail rules or mandatory detention may apply.
Preliminary Hearing, Motions & Strategy
The preliminary hearing is a court event to evaluate whether sufficient evidence exists to continue. The prosecutor presents their case; you or your attorney can cross-examine witnesses, challenge evidence, and sometimes present defense testimony. This is not a full trial, but a filter to test whether the prosecution’s evidence is strong enough to move forward.
Your counsel should assess and file motions early, such as motions to suppress statements, challenge illegal searches, address chain-of-custody errors, seek dismissal of defective charges, or pursue discovery motions, Brady claims, or motions to dismiss based on procedural defects.
Negotiations often begin after the hearing. Sometimes plea offers are made. Your attorney will help you evaluate whether to accept or fight based on strength of evidence, exposure, and risk.
If your case proceeds to trial, we focus on witness credibility, forensic evidence, the viability of defenses, and jury strategy.
Pitfalls to Avoid After Arrest
Errors That Can Harm Your Case
- Relying on police statements that cooperating or telling your version will reduce consequences.
- Posting admissions or comments about your case on social media. Even deleted posts or comments may leave metadata or screenshots that prosecutors can use.
- Agreeing to bail or restrictive conditions without consulting your attorney may limit your options later.
- Failing to timely challenge unlawful searches or object to prosecutorial errors, as some motions or deadlines expire early.
- Delaying attorney contact, thus losing momentum for evidence preservation. Early involvement gives your lawyer critical time needed to preserve evidence, witness memory, and suppression options.
Avoiding these missteps preserves your ability to argue for suppression, dismissal, or a favorable outcome.
Cases That Need Extra Caution: When the Rules Are Different
First-offender / ARD eligibility
For specific nonviolent offenses, Pennsylvania offers alternative dispositions such as Accelerated Rehabilitative Disposition (ARD). The process of qualifying for and negotiating ARD is intricate. Your attorney must assess if your case is eligible and if any strategic statements could jeopardize that eligibility.
Crucially, any statements made after arrest but before consulting an attorney could lead to disqualification from such programs. For this reason, your attorney should evaluate eligibility thoroughly before any admissions are made.
Juvenile cases
For individuals under 18, juvenile court rules differ significantly from adult courts, offering more confidentiality, sealing options, and focus on rehabilitation. Mistakes made then can have lifelong consequences.
DUI / Breathalyzer and related offenses
Driving offenses invoke a specialized timeline for challenges (refusal, sobriety testing, implied consent). Legal representation is essential to scrutinize breath test calibration, stop validity, and procedural compliance.
Domestic violence, PFA violations, or sexual offenses
These cases carry heightened legal and procedural consequences. Arrests in domestic violence contexts often impose mandatory bail conditions, no-contact orders, pretrial risk assessments, and heightened scrutiny under statutory law. In those scenarios, you should be especially cautious about statements.
Why Acting Quickly Matters
Time works against you in criminal defense. Evidence can disappear, surveillance footage can be deleted, witnesses may move or forget, memories fade, and statutory or court deadlines (for filing motions, discovery, suppression) can pass.
By engaging The Law Offices of Joseph Lesniak, LLC early, we secure your rights, preserve opportunities to challenge wrongful tactics, and set the strongest path forward.
What to Expect from Us
When you hire us, here’s how we approach your case:
- Immediate assessment of the arrest report, witness statements, and evidence.
- Prompt filing of motions to suppress or exclude unlawfully obtained statements or evidence.
- Investigative work: reviewing bodycam video, interviewing witnesses, forensic review.
- Negotiating with the prosecution where it is in your interest.
- Preparing a trial-caliber defense if needed.
- Keeping you informed and involving you in critical decisions.
We handle each case on its own merits. Your goals, record, and case facts shape our strategy. We believe in respect, clear communication, and taking aggressive but realistic steps to protect your rights.
Take Action to Safeguard Your Rights
An arrest does not have to dictate your future. How you respond matters. From invoking your right to silence to refusing improper searches, documenting what happens, and seeking counsel promptly, every step can influence the outcome.
If you or someone you know has been arrested, call The Law Offices of Joseph Lesniak or fill out our contact form. We offer a free consultation and will move quickly to protect your rights, develop your defense, and preserve every legal option.
Let us stand with you from your first interaction with law enforcement through the final resolution of your case.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
