What to Do After Arrest: Five Critical Steps That Protect Your Rights
It’s completely overwhelming and exhausting to be arrested and accused of a criminal case. I get that. But there are five critical things you need to do right after arrest, and if you don’t do these five things, it’s going to spell trouble for you.
I’ve been defending criminal cases here in Central Florida for over 33 years. I’ve seen what happens when people do the right thing immediately after arrest, and what happens when they don’t. The difference is staggering. Everything can turn on these five decisions made in your first hours after arrest.
Just Arrested in Central Florida?
Don’t make things worse in your first hours. Call John Guidry at (407) 423-1117 right now. We’ve been defending criminal cases here since 1993, and we know exactly how to protect your rights.
Tip One: Remain Silent
You know this already, but I’ve got to repeat it until I’m blue in the face. When you get arrested, you must remain silent. It’s basic. It’s simple. Furthermore, I don’t even want you volunteering information to anyone.
You might think, “Well, I didn’t confess to anything.” However, I can’t have you volunteering crap either. Here’s why: what you volunteer might screw us later. Therefore, just be quiet. Simply remain silent. That’s the foundation of protecting what to do after arrest.
Tip Two: Immediately Request an Attorney
This sounds self-serving. But it’s not. You must immediately request an attorney. Now, that doesn’t mean you’ve got to have one in your back pocket. Similarly, it doesn’t mean you’ve got to have one drive across town and be right next to you. The simple request for an attorney is like a magic word in the legal community and boom, things happen.
Here’s what occurs: they are required to stop questioning you. Consider this: cops love to question you. They pepper you with little questions here and there, trying to get something out of you. However, if you keep requesting an attorney while remaining polite and clear, they have to stop. Don’t say, “Well, maybe I should have somebody.” Instead, say “not maybe.” Be absolutely clear about it: “I want an attorney before I answer any more questions. I want to call an attorney. I want to talk to an attorney.” Say it clearly, and they have to stop. Furthermore, if they don’t stop after you ask for an attorney, be even clearer about it. As a result, that will be very good for your case.
Tip Three: Don’t Argue or Insult the Police
I want you to avoid arguing and disputing your case with the cop. Equally important, I want you to avoid insulting the cop. I’ve encountered law enforcement, and you have too. Clearly, they are not always nice to you. In fact, they might be mad at the world, at least the way they behave. Moreover, maybe you’re not in the best place during your arrest either. Perhaps you’re just accused of something that you’re completely innocent of, and the last thing you need is handcuffs and a trip to jail. I get it. It’s devastating. However, here’s what happens when you argue, when you insult, when you do all these things with the cops: they arrest you for resisting an officer without violence or resisting an officer with violence.
You do not get to fight your case right then and there when the cops are confronting you. That’s not the time. Instead, remember this: there are professionals. I have a master’s degree. I have a Juris Doctorate degree. Ultimately, we fight the case later. We are trained to fight these cases later. Therefore, leave it up to us. Don’t try to defend yourself right then and there and get combative with the cops. As a result, you’ll end up with extra charges that can be harder to get out of than the original accusation. I’ve seen it too many times. Consequently, it ain’t worth it.
Tip Four: Document Your Situation
Document what happened to you. Specifically, capture every little thing. Moreover, after you get out of jail, open up your iPhone notes. Start talking to your phone about what happened. You’re not going to remember all these little details on your own. The details you take down immediately as soon as you can are going to be important to people like me. Additionally, I want to know all sorts of things. For example, I even want to know the environment and the condition. Where did this happen? Was it raining? Or was it cold? Was it hot? Here’s the thing: sometimes we think Florida’s always hot, but I’ve had plenty of DUI cases where I’ve got somebody coming from the club not wearing much clothing, and it’s freezing out. Meanwhile, the cop has them roadside trying to do field sobrieties, and they’re saying they’re drunk because they’re shakingbut they’re shaking because of the temperature instead.
Furthermore, keep some of the physical evidence too. I had a client recently with a sweatshirt that had a little blood trickle on it. He didn’t wash it, thank God. As a result, he saved it, and that helped our case. Therefore, think of those things: “I better save that. I better take pictures of that. I better document that.” Ultimately, it will help all of us later.
Tip Five: Don’t Talk About Your Arrest on Social Media
I can’t have you talking about your arrest publicly. Furthermore, I can’t have you posting this stuff on social media. I know that you just saw somebody post a comment and you just got arrested for something similar last night. Alternatively, you just got mistreated by the cops just like this person did. And naturally, you’re gonna do what you do on social media which is post in the comment section. However, please resist that urge. Resist, resist, resist.
I don’t want you saying anything to anybody. Here’s why: it’s just gonna hurt your case. Consider this: they are watching you. It’s pretty easy for them. Additionally, they have interns with nothing to do half the time. These interns aren’t lawyers yet, so they’re digging around on you. Moreover, it’s easy to dig around online. They can work remote and figure out things on social media. Therefore, shut it down. Absolutely shut it down.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/pLE8iHWzMnM
Read: https://jgcrimlaw.com/articles/withhold-of-adjudication-florida-immigration-risk/
John’s Takeaways
- Remain silent after arrest—don’t volunteer any information, even innocent-sounding details, because what you say will be used against you, even if you think you’re helping your case.
- Request an attorney immediately and clearly, because this legal shield stops police questioning right away, and you must be direct about it: “I want an attorney.”
- Never argue, insult, or resist the police during arrest, even if you’re innocent or mistreated, because fighting back in the moment only adds extra charges and makes your defense harder later.
- Document everything as soon as you’re released—write down details about weather, location, physical evidence, and your exact words, because these details can change case outcomes.
- Stay off social media about your arrest, because police monitor your posts, and anything you say publicly will hurt your defense significantly.
Just Arrested in Central Florida?
I’ve been helping clients protect themselves from the moment of arrest across Central Florida since 1993. These five steps can mean the difference between a case that goes sideways and one that stays protected. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Call my office. Let’s talk through your rights and options before those first hours after arrest make a permanent mark on your case.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.