What To Do If You Get Arrested in Tennessee

Getting arrested can shake you to the core. It’s traumatic, abrasive, and can make you feel like you have no rights. When you are arrested in Tennessee, your next steps are important and play a role in your freedom and your record. This guide will walk you through the steps to take after a Tennessee arrest.

Learn how to act, what to expect, and how you can protect your rights from the moment you are taken into custody.

Stay calm and cooperate, but know your rights

It’s completely normal to become tense after an arrest. What keeps you safest in those earliest moments is to attempt to stay calm and cooperate with law enforcement officers. If an officer asks you to take your hands out of your pockets, take them out. If you are asked to sit or stand, do so without arguing.

Many people feel they have no rights when they’re arrested, but that isn’t true. Your rights under Tennessee law and the Constitution protect you when you are arrested. You don’t have to say anything, exercising your right to remain silent. Beyond providing basic information during a lawful stop and arrest, you do not have to answer any questions. Additionally, you can ask for a lawyer immediately.

Most importantly, remember: you don’t have to explain what happened, apologize, or talk your way out of the situation. What you’ve probably seen on a dozen TV shows and movies is true: anything you say can be used against you in court. Your best initial defense is your silence.

Ask for a lawyer right away

As soon as you are arrested, you have the right to ask to speak to a lawyer. You don’t need to have a lawyer on retainer, or to have ever spoken to a lawyer before asking for one. Once you clearly ask for a lawyer during custodial questioning, the law enforcement officers should stop questioning you until a lawyer is present. The right to an attorney is a part of your Miranda rights.

It is important to understand that your phrasing matters. Saying, “I think I need a lawyer,” may not be considered an invocation of your rights in court. Saying “I want a lawyer,” or “I won’t talk until I have a lawyer,” is a better way to ensure you are invoking your right to an attorney.

The booking process

After you are arrested, the police officer will take you to a booking station or jail. “Booking” is the process of recording your arrest. At booking, you will likely have your fingerprints taken, provide personal information like your name and address, fill out paperwork related to your arrest, and have your belongings logged and stored.

The booking process is procedural. During booking, it is best to resist the urge to explain yourself or talk about what happened. The booking officers aren’t on your side and aren’t your advocates; they’re simply doing their job to record your arrest.

Bail and bond rights in Tennessee

Once you’ve been booked, you’ll have a bail or bond hearing before a judge or magistrate, depending on the case. This usually happens soon after your arrest, as Tennessee law requires that a person arrested without a warrant be seen by a magistrate without unnecessary delay. During that time, you’ll wait in a county jail or detention center.

Your bail amount or bond conditions depend on factors like your criminal history, the current charges against you, community safety, and whether you are likely to appear in court. For first-time offenders, bail and bond language can be confusing. Bail is money you pay to be released from jail while your case moves forward. A bond is a promise to pay a certain amount if you fail to appear in court.

In some cases, you may be released on your own recognizance or bond within a few hours of your arrest if it is determined you are not a flight risk and do not pose a threat to others.

If you can’t afford bail on your own, a bail bondsman may post it for you in exchange for a non-refundable fee. Speak to an experienced attorney about whether or not it is possible to have your bail amount reduced or modified. A lawyer may be able to argue for a lower bail amount, release on your own recognizance, or other alternative conditions.

Appearing in court

In Tennessee, after you are released from jail, your first court appearance is often an arraignment. If you hire counsel, they can usually waive this arraignment date, saving you the travel and time. This gives your attorney time to review your case and build your defense.

After review, your attorney can discuss with you whether or not it makes sense to negotiate a plea.

Next steps

Once you’ve been released, it’s important to remember that your case is still ongoing. Avoid talking about what happened, your arrest, or the arraignment with family and friends. Keep your circle of trust very small, remembering that every statement can be manipulated and used against you later.

Avoid posting anything about your arrest or the incident that led to your arrest on any social media platform. Anything you post publicly or privately has the potential to be used against you, and it’s almost always possible to find your social media profile and extract information from it, even if it isn’t public.

If anyone has questions, refer them to your attorney. You are under no obligation to discuss any details with anyone.

Talk to your attorney

Your attorney is a safe person to speak with once you’ve been arrested. Attorney-client privilege protects what you say to your attorney and their staff. Feeling scared, overwhelmed, and uncertain is common after an arrest and in the weeks and months that follow. There will be additional hearings and procedures that you may not be familiar with.

Having an experienced criminal defense attorney by your side can mean the difference between building the strongest possible case in your favor and making missteps that can negatively impact your case. At Delius, McKenzie & McCarter, we aim to treat our clients with the respect they deserve as we help them through their case.

If you have been arrested, request a free consultation with our office today to learn how we can help you. Let us help you make sense of your charges and take confident steps forward.