What happens if I get arrested?

A bad mugshot isn't your biggest problem.

First things first: take a breath. Getting arrested is scary. Whether you saw it coming or it came completely out of nowhere, your brain is probably running through every worst-case scenario imaginable.

The good news? There is a process. It's not always fun, and it's definitely not fast, but it is predictable. Here's what usually happens after an arrest in Alabama.

Step 1: You're Arrested.

This is the part we're all most familiar with from watching Cops.

An officer tells you you're under arrest, places you in handcuffs, and searches you for weapons or contraband. This isn't optional. Even if you're cooperative. Even if the charge is minor.

This is also a good time to remember one very important rule: Don't try to talk your way out of it.

Anything you say can become evidence. Once you're under arrest, STFU. You aren't going to convince the officer not to take you to jail or change their mind about the charges. Be polite. Be respectful. Then shut the f%ck up.

I've watched too many good cases go downhill because my client tried to fix this problem themselves. They claimed the drugs, tried to explain why they acted in self defense, or offered to return the stolen property. This completely destroys (or at least significantly hinders) my ability to defend you—even when the officers did something wrong.

As part of your arrest, you will be searched—this includes anything on your person, in your bag, or in your vehicle if the arrest is from a traffic stop. Officers may ask you to tell them about anything you have on you because it will be "easier if you come clean rather than waiting until you get to jail." They're going to charge you with a crime anyway. STFU.

After you're searched, you're placed in the back of a police car to be transported to jail. The officer may try to make small talk with you. What's your rule? Yep: STFU.

Step 2: You're Taken to Jail.

This is embarrassing—there's no way around that. Once you get to the jail, you'll be booked in. This is the process of getting your photo, finger prints, and identifying information so you are entered into the jail system. Answer their questions politely, but otherwise STFU. Once you are booked in, your mugshot will be live on the jail website—this is the most embarrassing part, but it's okay. Even one president has gotten a mugshot.

You'll be searched again. Depending on a few factors, like your charge, what time it is, how busy the jail is, and whether you expect to be able to bond out quickly, the process may stop here. Often, people stay in booking and never get to meet new friends inside. You're only in long enough to get the paperwork done.

If you do get to stay a while, you will be asked to strip out of your clothes, and you will be given new (to you) jail clothes and flip flops. You will be assigned a very uncomfortable bed and given a "bed roll." This is the time to start working on getting bonded out.

Step 3: You Bond Out (Hopefully)

In a perfect world, you're given a very appropriate bond amount and someone who loves you is able to either pay cash, secure property as surety, or contact a local bondsman and arrange for you to be released quickly. Sometimes, you won't be able to bond out, so you remain in jail.

Bond is essentially an insurance policy that you will come back to court. If you bond out and don't come to court, you forfeit your bond (meaning that money is lost). Once you bond out, you should be very clear when your next court date is scheduled so you do not fail to appear for your initial appearance.

One reason people are unable to bond out is because they have pending warrants or "holds" for another jurisdiction. If you get arrested by a Gadsden police officer and taken to the Etowah County Detention Center, you may be kept there if you didn't resolve an outstanding issue with an Anniston city charge a few months before. In this case, once you're booked in for the Gadsden issue, even if you resolve it or bond out, you can't go home until you first go to Calhoun County and deal with your Anniston issue. If you have holds, you may be better off staying put and letting your lawyer work on triaging your plan.

Another reason people are unable to bond out is because their charge is a severe one. Under Aniah's Law, people charged with certain serious offenses may be kept in custody until a hearing takes place to determine if they should receive the ability to bond out.

Step 4: You Appear in Court

If you remain in jail, you will have a hearing within seventy-two (72) hours of your arrest. Some jurisdictions like Etowah County do the "72" by Zoom, while others will transport you to the courtroom to stand in front of the judge. At this 72 or Initial Appearance, you will be given your bond amount, advised of your rights, and you may be given a chance to receive an appointed attorney.

The most important thing to remember about this court date is that it is not your trial. It's not your time to call witnesses or explain anything. It's almost entirely an administrative process for the Court to move through required Constitutional procedures. You can't "win" or "lose" this hearing, so... STFU.

Step 5: You Get a Lawyer

The decisions that are made within the first few days of an arrest can have a lasting impact on the case. Certain deadlines begin to pass within days of getting arrested, so it's critical that you get an appointed attorney (if you qualify) or hire an attorney to discuss your case and plan your next steps.

An arrest is just the beginning of a long legal process—whether you're accused of something you didn't do or if you made a bad decision or ended up in the wrong place at the wrong time, it isn't irredeemable. We're here to help one bad day doesn't ruin your life. Whatever brought you here, you don't have to figure it out alone.

Call me. We'll talk through what's happening, explain what comes next, and make a plan together.