Posted on Saturday, January 31st, 2026 at 12:07 am
The moments immediately following an arrest are critical. Your actions and words during this time can significantly impact your case outcome. This guide walks you through the essential steps to protect your rights and position yourself for the best possible defense. Whether you’re facing charges in Cincinnati or elsewhere in Ohio, understanding what to do immediately after an arrest gives you a foundation to move forward with confidence.
Why Choose Moermond & Mulligan, LLC
Moermond & Mulligan, LLC has been defending clients throughout southwestern Ohio since 1994. L. Patrick Mulligan, the firm’s founding attorney, holds the distinction of being Board Certified as a Criminal Law Specialist by the National Board of Trial Advocacy—a credential held by fewer than 25 attorneys in Ohio. With over 35 years of criminal defense experience, Mr. Mulligan has been recognized as a Super Lawyer and named among the Top 100 Trial Lawyers. Brad Moermond brings extensive prosecutorial experience from the Montgomery County Prosecutor’s Office, where he prosecuted hundreds of felony cases. This unique combination of defense and prosecution backgrounds gives our criminal defense attorneys insight into how prosecutors think and build their cases. We focus on protecting your constitutional rights from the moment of arrest through trial, with offices in both Cincinnati and Dayton to serve you.
Remain Calm and Exercise Your Right to Remain Silent
Your first instinct after arrest should be to stay composed. Remaining calm helps you think clearly and avoid saying things that could harm your case later. The most important right you have is your right to remain silent—use it.
Do not answer questions about the alleged crime, your whereabouts, or anything else. Police may tell you that cooperating will help your case. This is not true. Anything you say can and will be used against you in court. Even seemingly innocent statements can be misinterpreted or used out of context. This principle is fundamental to police interrogation rights in Ohio.
Why Silence Protects You
Your silence cannot be used as evidence of guilt at trial. The Fifth Amendment protects your right to remain silent, and exercising this right is not an admission of wrongdoing. According to the U.S. Constitution, police cannot punish you for remaining silent, and a jury cannot hold your silence against you. However, during police questioning, you should explicitly state, “I am invoking my Fifth Amendment right to remain silent” to ensure full protection. Simply remaining silent without explicitly invoking your rights may not prevent prosecutors from using your silence as evidence.
Request an Attorney Immediately
As soon as you are arrested, clearly state: “I want to speak with an attorney.” Say this even if police tell you that an attorney will slow things down or that cooperation will help you. Once you request an attorney, police must stop questioning you. This is a fundamental protection under Miranda rights.
Do not wait to request legal representation. The sooner you have an attorney advocating for you, the sooner your rights are protected. If you cannot afford an attorney, you have the right to a court-appointed public defender. Make this request clear and unambiguous, so there is no question about your intent. Moermond & Mulligan, LLC‘s criminal defense attorneys are ready to advocate for your rights immediately upon arrest. Our Cincinnati criminal defense team specializes in protecting clients from the moment of arrest.
Do Not Discuss Your Case with Anyone
After your arrest, avoid discussing the details of your case with family, friends, cellmates, or anyone else. Conversations in jail are often monitored, and statements made to other inmates can be used against you. Even well-meaning family members may inadvertently say something that harms your defense. This is why attorney-client privilege is so critical.
Wait until you speak with your attorney before discussing what happened. Your attorney can advise you on what information is safe to share and with whom. Attorney-client communications are protected by privilege, meaning they cannot be used against you in court. This protection is one of the most important safeguards in the criminal justice system.
Document Everything You Remember About the Arrest
While details are fresh in your mind, write down everything you remember about your arrest:
- The time and location of the arrest
- Names and badge numbers of officers involved
- Exact words used by police
- Whether you were read your Miranda rights
- Any injuries or property damage
- Witnesses present at the scene
This documentation helps your attorney build your defense and identify potential violations of your rights. Details that seem minor now may become important later in your case. If you believe your rights were violated during police questioning, document those violations carefully. Rights violations can be grounds for suppressing evidence.
Understand the Charges Against You
Ask your attorney to explain the specific charges you face. Understanding whether you’re charged with a misdemeanor or felony, and what the elements of each charge are, helps you grasp the seriousness of your situation and the potential consequences.
Different charges carry different penalties. Your attorney can explain what you’re facing and what defense strategies may apply to your circumstances. In Ohio, misdemeanors are generally less serious than felonies, but both can result in jail time, fines, and a permanent criminal record. Understanding the degrees of culpability in your case is essential.
Prepare for Your Initial Court Appearance
If you are detained in jail, your arraignment will typically happen quickly—often within 24 to 48 hours (or the next business day) to address bail. If you were released or issued a summons, your arraignment is typically scheduled 10-14 days later. Specific timelines vary by jurisdiction and charge severity. At this hearing, you’ll be informed of the charges, advised of your rights, and the court will address bail or release conditions.
Dress professionally, arrive on time, and let your attorney do the talking. The arraignment is not the time to explain your side of the story—that comes later if your case goes to trial. Your attorney will handle all communications with the court and prosecution. Understanding bail procedures and your rights during this hearing is critical.
Frequently Asked Questions
What are Miranda rights?
Miranda rights are warnings police must give you before questioning. They include your right to remain silent and your right to an attorney. Police must read these rights if they plan to question you while you’re in custody. If police fail to read you your Miranda rights before questioning, any statements you make may be inadmissible in court. Learn more about when police must read Miranda warnings and your rights during police interrogation.
Can I be forced to take a breath or blood test?
In Ohio, refusing a breath or blood test has serious consequences, including automatic license suspension. However, you still have the right to refuse and request an attorney before submitting to testing. Discuss this with your attorney immediately. The decision to submit to testing is complex and depends on your specific circumstances. For DUI-specific guidance, consult with a DUI defense attorney. Learn more about breath and blood test refusal in Ohio.
What happens if I cannot afford bail?
If you cannot afford bail, request a bail hearing. The court may release you on your own recognizance (your promise to return), reduce bail, or set up a payment plan. Your attorney can argue for reasonable bail conditions. The court must consider your ties to the community, employment, and other factors when setting bail. Understanding your bail rights is essential to securing your release.
Should I post about my arrest on social media?
No. Do not post anything about your arrest, the charges, or your case on social media. Prosecutors use social media posts as evidence, and anything you post can be used against you. Even deleted posts can be recovered and used in court. Advise family and friends not to post about your situation either. Learn more about how social media impacts criminal cases and social media evidence.
What if police violated my rights during arrest?
Tell your attorney immediately about any rights violations. Your attorney can file motions to suppress evidence obtained in violation of your rights, which may result in charges being dismissed. Common violations include illegal searches, failure to read Miranda rights, or unlawful arrest. Understanding your legal rights during police interrogation is essential to protecting your defense. Learn about suppression motions and how they can help your case.
Take Action Now – Contact Moermond & Mulligan, LLC
The decisions you make immediately after arrest shape your entire case. You don’t have to navigate this alone. Moermond & Mulligan, LLC is ready to protect your rights and fight for your defense.
Call (513) 421-9790 today for a confidential consultation. The sooner you have experienced legal representation, the sooner we can begin building your defense strategy. Our Cincinnati attorneys and Dayton attorneys are available to discuss your situation and explain your options. Contact our criminal defense team immediately.
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Written By: Moermond & Mulligan, LLC
Last Updated: 02-03-2026