What to Do If You’re Arrested in Maryland

A practical guide to protecting your rights, and why early legal representation matters.

An Arrest Does Not Mean You Are Guilty

Being arrested can be frightening, especially if you have never dealt with the criminal justice system. You may be worried about your job, your family, or whether you will have to stay in jail. The decisions you make now can affect your case. Here is what you should know.

1. Stay Calm and Do Not Physically Resist

Even if you believe the police are wrong, do not run, pull away, or physically interfere. Keep your hands visible and follow lawful safety instructions. Your attorney can challenge an unlawful arrest in court.

2. Tell Police You Want to Remain Silent

You do not have to explain your side of the story during police questioning. Say: “I am exercising my right to remain silent. I want a lawyer.” Then stop discussing the incident. Provide identifying information when legally required, including your license or ID card.

Miranda warnings are generally required before custodial interrogation, not necessarily at the moment of arrest. Do not assume you can safely answer questions just because no warning was given. Do not try to explain the situation or clarify anything; it will be used against you.

3. Ask Clearly for an Attorney

Do not rely on hints such as “Maybe I should call someone.” Say directly that you want a lawyer. A clear request for counsel during custodial interrogation provides important protections. Do not resume discussing the facts without legal advice.

4. Do Not Voluntarily Agree to a Search

If officers ask permission to search your phone, vehicle, home, or bag, you can say, “I do not consent to a search.” Police may still have legal authority to search without your consent. Do not physically interfere. An attorney can later examine whether the search was lawful and move to exclude evidence if it was obtained in violation of your rights.

5. Understand Booking and the First Appearance

After an arrest, you may be fingerprinted, photographed, and brought before a court commissioner. The commissioner explains the charges and possible penalties and makes an initial release decision.

Do not discuss the facts of the case with anyone: other inmates, guards, officers, or the commissioner. In some cases, it is best to remain silent and keep to yourself until you can talk with an attorney.

6. Know What Bail Review Means

Some people are released without paying money; others face conditions, a financial bond, or detention. If you remain in custody after the commissioner’s decision, you generally receive prompt review by a District Court judge. At that hearing, an attorney can present information about your ties to the community, work, family responsibilities, and a workable release plan.

Release is never guaranteed. Release can include home detention, which will have varying conditions. Make sure an attorney explains them to you if you are not sure, because a violation can mean another arrest and incarceration until trial.

7. Contact a Criminal Defense Lawyer as Soon as Possible

A criminal defense lawyer can do more than appear at trial. Early representation can help:

Identify and preserve video, messages, and witness information before they disappear
Evaluate whether police followed the law
Review the allegations and evidence
Explain release conditions
Communicate with prosecutors
Prepare a defense suited to the facts

The earlier counsel becomes involved, the more opportunities there may be to address problems before they grow.

8. Protect Your Case After Release

Follow every court order and release condition.
Attend all court dates.
Avoid discussing the incident on social media, with potential witnesses, or on jail calls, which may be recorded.
Do not delete messages, videos, or other potential evidence. Preserve them and give relevant information to your lawyer.
Do not contact a complaining witness if an order prohibits contact.

9. Ask How the Charges Could Affect Your Future

A criminal case can raise concerns beyond jail time, including employment, professional licensing, driving privileges, and immigration status. Prior charges, probation before judgment (PBJ), and expunged matters can raise separate legal questions. Whether a record qualifies for expungement depends on the circumstances. An attorney can explain which consequences matter in your case.

Why Choose COHEN | HARRIS?

A criminal charge can threaten your freedom, employment, and reputation. At COHEN | HARRIS, criminal defense is a central part of the practice. Attorneys Martin Cohen, Roland S. Harris IV, and Owen M. Migdal have defended clients facing charges ranging from relatively minor offenses to murder.

Cohen and Harris bring experience as public defenders and private defense attorneys investigating criminal cases, litigating in Maryland trial courts, and handling appeals. Migdal brings experience as a felony jury trial prosecutor in Baltimore City, prosecuting over 100 jury and bench trials since 2023, with expertise in the areas of violent offenses, serious traffic including fatal accidents, Veterans, and firearms prosecutions. The firm represents clients at stages ranging from bail review through trial and appeal.

That experience can help your lawyer evaluate the evidence, challenge questionable searches or witness accounts, explain your options, and prepare a defense suited to your circumstances. No lawyer can promise a particular outcome.