Stay Calm and Exercise Your Rights
The moments immediately following an arrest are critical. The decisions you make — and the words you say — can significantly impact the outcome of your case. Here is what you need to know.
1. Remain Silent
You have the right to remain silent under the Fifth Amendment. Do not answer questions beyond providing your name and identification. Politely but firmly state: "I am invoking my right to remain silent and I want an attorney." Anything you say can and will be used against you in court.
2. Do Not Resist Arrest
Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest is a separate criminal charge in Indiana (IC 35-44.1-3-1) and can significantly complicate your case. The appropriate place to challenge an unlawful arrest is in court — not on the street.
3. Request an Attorney Immediately
Once you invoke your right to an attorney, police must stop questioning you. Do not waive this right. If you cannot afford an attorney, one will be appointed for you. However, having an experienced private criminal defense attorney from the very beginning gives you the strongest possible foundation for your defense.
4. Do Not Consent to Searches
You have the right to refuse consent to search your person, vehicle, or home. Clearly state: "I do not consent to this search." Even if officers proceed with the search, your refusal preserves important legal arguments for your attorney.
5. Contact a Criminal Defense Attorney as Soon as Possible
The earlier an attorney is involved, the better. An experienced criminal defense attorney can intervene before charges are formally filed, negotiate with prosecutors, and begin building your defense strategy immediately. At the Law Office of Hong-min Jun, we are available for emergency consultations.
What Happens After Arrest in Indiana
After arrest, you will typically be taken to a local jail for booking — a process that includes fingerprinting, photographing, and recording your personal information. Within 48 hours, you will appear before a judge for an initial hearing where bail may be set.
Indiana law requires that you be brought before a judge without unnecessary delay. If bail is set, you or a family member can post bail to secure your release while your case proceeds.
Special Considerations for Foreign-Born Individuals
If you are not a U.S. citizen, a criminal arrest — even without a conviction — can have serious immigration consequences. You have the right to contact your country's consulate. More importantly, you need an attorney who understands both criminal defense and immigration law to protect you on both fronts simultaneously.
At the Law Office of Hong-min Jun, we specialize in exactly this intersection — providing bilingual representation that accounts for the full scope of consequences you may face.