What to Do After Being Arrested in Minnesota

1. Invoke Your Right to Remain Silent

You have the right not to answer questions about the alleged offense, and you should use it. Police are allowed to ask questions, and casual conversation can become evidence. Say clearly that you are exercising your right to remain silent — and then actually stay silent. You'll still need to provide basic identifying information, but you don't have to explain, justify, or discuss what happened.

2. Ask for a Lawyer — Out Loud and Unambiguously

Clearly state that you want a lawyer. Once you do, questioning is supposed to stop until you have one. Be unambiguous — say "I want a lawyer," not "maybe I should talk to someone." After you ask, don't keep talking; the request only protects you if you let it work.

3. Don't Try to Talk Your Way Out of It

This is the most common and costly mistake. People believe that if they just explain, the officer will understand and let them go. By the time you're under arrest, that decision has been made — and your explanation becomes a recorded statement the State can use. Even truthful, well-intentioned statements can be turned against you. Silence is almost always safer.

4. Understand the First 36 Hours

If you're held after a warrantless arrest, you must be brought before a judge within 36 hours (not counting the day of arrest, Sundays, and holidays). That first appearance is where charges are stated and release is addressed. Knowing this timeline helps you and your family understand what's happening and when.

5. Be Careful on Jail Calls

Jail phone calls (other than calls to your attorney) are typically recorded. Don't discuss the facts of your case on a jail line, and tell family members not to either. Save the substance for your lawyer.

6. Contact a Defense Lawyer as Soon as Possible

The earlier a lawyer is involved, the more they can do — preserving evidence, advising you before any questioning, and getting ahead of charging decisions and release. If you can't afford one, you can request a public defender.

What Not to Do

• Don't resist, even if you believe the arrest is wrong — fight it in court, not on the street.
• Don't consent to searches — you can decline politely; let your lawyer challenge the legality later.
• Don't lie to police — but you don't have to talk at all, which is the better protection.
• Don't post about it on social media — those posts can become evidence.