Criminal Defense Lawyers

Post Arrest Procedures: The First 48 Hours Survival Guide

Last Updated on: 18th November 2025, 07:31 pm

They just arrested you — right now — and the next 48 hours determines everything about you’re future. Federal agents doesn’t wait, prosecutors won’t give you time to think, and every single thing you do or say in these first moments become evidence that can send you to prison for many, many years. Based off Salinas v. Texas, even you’re silence can be used against you if you don’t invoke it proper. This article won’t explain the law — it don’t got time for that. It will tell you what to do right now, what to say in your one phone call, and how to survive the first 48 hours without destroying your case before it even starts. Between you and I, most people ruins their case in the first hour. Don’t be them people.

First Hour Decisions – What to Do RIGHT NOW

You’re in the patrol car or holding cell right now, and police are asking questions. “Do you know why you’re here?” “Want to tell us your side?” “This is your chance to explain.” DO NOT say nothing — wait, that’s wrong — DO NOT say anything except the exact script I’m about to give you. Federal agents, which have been investigating for months, knows way more about your case then you do. Your operating with 2% of the information while they got 100%. Whatever you say in the first hour can’t be unsaid irregardless of how innocent you think you are.

Here’s the thing about the Salinas paradox — you must speak to invoke silence. The Supreme Court ruled 5-4 that just staying quiet don’t protect you. If a FBI agent asks “Did you know that money was stolen?” and you just glare at them silently, prosecutors tells the jury at trial: “Notice the defendant wouldn’t answer when asked if they knew — an innocent person would of said no.” The only protection is speaking to invoke silence.

Memorize this script — it’s you’re legal forcefield:

• “I am invoking my Fifth Amendment right to remain silent” — say this clearly
• “I am invoking my Sixth Amendment right to counsel” (don’t say maybe or I think)
• I will not answer any questions without my attorney present – repeat this
• “I do not consent to any searches” — make them get warrants
• “I want to speak to my attorney immediately”

After you says these magic words, shut up. Don’t explain why. Don’t ask what your charged with. Don’t say “I didn’t do nothing.” The constitutional magic words creates a legal forcefield that prosecutors hates. But here’s what alot of people doesn’t understand: federal agents is trained to exploit the Salinas trap by asking questions immediately after arrest but before formally starting interrogation — questions like “Do you know why your here?” or “Want to tell us you’re side?” If you stay silent, they note it. If you answer, they’ve started the conversation. The only winning move is invoking explicitly. Period. Full stop. No exceptions.

The 6-Hour Window – McNabb-Mallory Constitutional Kill Switch

If you already talked to police — and lets be honest, alot of people panic and does — your confession might not be permanent. Federal law has a six-hour constitutional window that can suppress your confession even if Miranda was gave perfectly and you voluntarily waived you’re rights. When federal agents arrested Luigi Mangione December 9, he wasn’t presented before a magistrate until December 11 — over 49 hours later. During that weekend delay, agents interrogated him multiple time. His attorneys immediately filed McNabb-Mallory suppression motions.

Here’s the explosive tactical reality which 90% of defense attorneys miss: even if you waived Miranda and confessed to everything, your attorney can get that confession excluded if presentment exceeded six hours without medical emergency, your misconduct, or distance-to-magistrate justification. The Mallory precedent makes this mandatory, not discretionary.

Federal agents who arrests you on Friday evening routinely waits until Monday morning for magistrate presentment — saving overtime costs for weekend court appearances. That 48-72 hour delay creates a McNabb-Mallory suppression opportunity. The prosecutor who carefully documented you’re Miranda waiver will be stunned when the judge suppress your confession on pure timing grounds. Six hours. That’s the window. That’s you’re weapon. Timing matters. Documentation matter. Even if you confessed everything, the six-hour rule might could save you irregardless of what you said.

You’re attorney needs to immediately request: arrest timestamp from booking log, magistrate appearance timestamp from court docket, and explanation for any delay exceeding six hour. If the government says “we waited for regular Monday court hours to avoid overtime,” thats textbook unreasonable delay triggering mandatory suppression. Weekend arrests is confession suppression goldmines — remember that.

Point 3: First Phone Call Strategy – Emergency Communication Scripts

You get one phone call — and in federal detention facilities, that’s not even a constitutional right, its a privilege they can deny. You have 60 seconds, maybe 90 if your lucky. Your trying to tell your spouse or parent that you’ve been arrested, but your panicking. Your crying. Your wasting time saying “I didn’t do nothing wrong” instead of conveying actionable information.

That phone call ain’t for emotional support — its tactical intelligence transfer. Do not explain what happened. Here’s the exact script you needs to memorize:

“I’ve been arrested. I’m at [facility name]. I need a criminal defense attorney immediately. Call [attorney name if you have one] or search ‘federal criminal defense attorney [city].’ Tell them I’m being held at [facility]. Tell them their will be a detention hearing within 48 hours and maybe a PSO interview — the attorney needs to be there for that. Do not talk to police if they contacts you. I cannot talk long. I love you. Get an attorney now.”

Irregardless of how scared you are, DO NOT explain the charges. Don’t justify nothing. Don’t cry about being innocent. Give instructions. Your family don’t need explanations — they needs to know: where you are, what you need, what they should do in the next 2 hours.

Here’s what matters — the Federal Bureau of Prisons policy says you should get reasonable access to phones, but “reasonable” don’t mean what you think. Some facilities gives you one 15-minute call per week. Others let you call daily but monitors every word. If your in a high-security unit or protective custody, you might not get no phone access for days. This is why that first call matters so much — it might be you’re only communication for awhile.

Booking & Processing Survival Guide

Look, here’s what really happens during booking and I’m not gonna sugarcoat it because this is where cases gets made or destroyed and most defendants doesn’t even realize what’s happening until its to late — they’re taking your belongings, asking questions for “routine booking,” wanting to fingerprint you, photograph you, swab you’re cheek for DNA, strip-search you, give you jail clothing, ask about medical conditions, mental health issues, gang affiliations, and every single question feel like a trap because it is.

Booking ain’t just administrative — its investigative. When they asks “Do you take any medications?” and you mentions anxiety meds, that goes in you’re file and prosecutors argues you was mentally unstable during the alleged crime. When they ask “Any medical conditions?” and you say you got back problems, they puts you in a medical unit where you can’t meet with your attorney as easy. When they swab your cheek for DNA, that don’t just identify you — according to Maryland v. King, that DNA goes into CODIS, the national database with over 21 million profiles, and gets compared against every unsolved crime in America.

I seen defendants arrested for wire fraud — a paper crime, nothing violent — and two weeks later they’re hit with charges from a home invasion robbery in another state from 2009 because their DNA matched evidence from a crime scene they don’t even remember being near. Your body becomes a key that unlocks every unsolved crime in America the moment your booked. The cheek swab takes 10 seconds — the consequences lasts decades. DNA profiles stay in CODIS permanently unless you affirmatively petition for removal, which only succeeds if charges is dismissed or your acquitted.

And here’s the real kicker about federal bail which nobody tells you — its completely different then state bail and way more harder to get. Based off the Bail Reform Act of 1984, federal court don’t allow commercial bail bondsmen. You can’t just pay 10% to a bondsman and walk out. Instead, you needs “suretors” — financially responsible peoples who sign the bond and pledge collateral.

State defendants can buy there way out with 10% cash. Federal defendants needs wealthy friends or family willing to risk their homes. If a state judge sets $100,000 bail for drug trafficking, the defendant pays a bondsman $10,000 (often raised through family crowdfunding, tax refunds, selling cars) and the bondsman posts the bond. The defendants released within hours. If a federal judge sets $100,000 bail for the exact same charges, the defendant must find 2-3 peoples who each has $50,000+ in verifiable assets (home equity, retirement accounts, liquid savings), is willing to appear in court to testify under oath about them assets, and is willing to let the federal court place liens on they’re property.

Most federal defendants doesn’t have multiple people in their lifes with that level of wealth and trust. Even if the defendants parents owns a home, they need 1-2 additional suretors. Federal judges rejects suretors who: has liens already on their property, has minimal equity, is elderly with fixed incomes, has poor credit, or don’t appear sufficiently stable to supervise the defendant. The practical reality: federal bail is effectively wealth-based detention. If you don’t got wealthy, stable family or friends, your not getting out — even if the judge sets bail.

During booking, they also determines you’re housing classification — general population, protective custody, administrative segregation, medical unit — and this decision, which takes 30 seconds, affects your entire case. If they puts you in protective custody because you “might” be in danger (maybe your a ex-cop, maybe you got enemies, maybe your charges involves children), you’re isolated 23 hours a day. You can’t use the law library. You gets one hour of recreation alone. Phone calls is nearly impossible. Meeting you’re attorney becomes a major production requiring special scheduling. I’ve saw defendants spend months in solitary-like conditions just because a intake officer checked the wrong box.

Then there’s the Pretrial Services interview — this usually happen within 2-6 hours of arrest, before you’ve talked to a attorney, and most defendants thinks they have to cooperate to get bail. A Pretrial Services Officer shows up and say “I need to interview you to prepare a report for the judge — this will help determine if you get released.” Your terrified of staying in jail so you answers everything. The PSO asks if you ever used drugs — you admits to smoking marijuana years ago, thinking honesty shows good character. The PSO ask about your job — you admit you been unemployed for 3 months, thinking transparency shows your forthcoming. The PSO asks about prior arrests — you mentions a domestic dispute that was dismissed, thinking it shows the system exonerated you.

Every one of them admissions goes into a report that recommends detention. The prosecutor reads the report and now knows you have substance abuse history, unemployment, and domestic violence background — facts they didn’t have before. At the detention hearing, the judge read that your unemployed, used drugs, and has a domestic incident in you’re past, and detains you. You just talked yourself into jail by trying to talk yourself out of jail. The PSO interview ain’t administrative — its investigative. Treat it accordingly. Tell you’re attorney immediately when PSO contact is imminent. Have your attorney present for the interview or prepare a written statement that provides only the minimum information needed to demonstrate community ties without revealing vulnerabilities.

And don’t forget — according to U.S. Marshals data showing 74,222 fugitive arrests last year, if you violates any pretrial release condition, even something minor like missing a drug test appointment or traveling outside you’re district without permission, they revokes bail immediately and you stays locked up until trial, which could be 12-18 months away in federal court. The pretrial release conditions themselves becomes traps — curfews you might accidentally violate, drug testing you might fail if you take the wrong over-the-counter medication, prohibition on “excessive” alcohol when nobody defines what excessive means. One defendant I knew got violated for having two beers at his daughter wedding because the pretrial officer decided that was “excessive.” Back to jail for 14 months waiting trial.

First 48 Hours Tactical Playbook – Family Action Guide

Your family just got “the call.” Their panicking. They don’t know if they should try and bail you out immediately or wait for an attorney. They doesn’t know if they should talk to police if contacted. They don’t know if they should post on social media asking for help or stay quite. Your family’s actions in the first 48 hours can help or destroy you’re case completely.

If they talks to police, them statements can be used against you. If they post on social media, prosecutors screenshots everything. If they hires the wrong attorney, your locked into a bad contract. They needs a tactical checklist right now:

• Find and hire a criminal defense attorney (federal experience required – not you’re cousin who does real estate law)
• Identify 2-3 potential suretors (owns property, stable income, willing to testify in court about they’re assets)
• Gather character reference letters (employers, clergy, community members – but do NOT discuss the case)
• Document defendants community ties (lease agreement, utility bills, employment records, family photos) – prosecutors argues your a flight risk otherwise
• DO NOT talk to police, prosecutors, or investigators – refer them to the attorney immediately. Say “I’ve been instructed not to discuss this matter”

Here’s what really matter: if the government contacts your family, agents might say things like “We just need to clear up a few things” or “If you cooperate, it will help them.” That’s a lie. Anything your family says will be twisted against you. I seen cases where a wife said “He was stressed about money” and prosecutors used that as motive for fraud. Where a mother said “He’s been acting strange lately” and that became evidence of guilty knowledge.

Your family also needs to prepare for the possibility of a third-party custodian release. Sometimes judges will release defendants to the custody of a responsible family member who agrees to supervise them and ensure they appears in court. But that family member has to qualify — stable job, no criminal record, sufficient resources to house and monitor the defendant, willingness to report violations. If uncle Jerry, which has two DUIs and lives in a studio apartment, volunteers to be custodian, that ain’t gonna work. You need someone who the judge looks at and thinks “This person will makes sure the defendant don’t flee or commit new crimes.”

Within the first 48 hour, your family should also be gathering documents that shows your ties to the community — anything that proves you ain’t gonna run. Employment letters (even if your between jobs, get a letter from your last employer), lease agreements or mortgage documents, kids school enrollment papers, medical treatment your receiving locally, family photos at community events. Federal Rule 5.1 requires a preliminary hearing within 14 days if your detained, and having these documents ready helps your attorney argue for release.

So right now — not tomorrow, not after you “think about it” — if you or someone you love has been arrested, call us immediately. Detention hearings happens within 48 hours. The PSO interview happens within hours. The McNabb-Mallory six-hour window is already ticking. Every hour you waits is an hour prosecutors is building they’re case while your sitting in a cell hoping someone figures this out for you.

We’re available 24/7 — because arrests doesn’t happen on a 9-to-5 schedule. Federal agents arrests people at 6am on Saturday mornings. Detention hearings happens at 2pm on Sunday afternoons. Call a lawyer before anything else. We’re here when you needs us — not when its convenient.

I been doing this for many, many years and I seen what happens when peoples don’t take these first 48 hours serious enough. They ends up convicted. They ends up in prison for decades. And they wishes they would of done things different. Your facing real time in federal prison if you don’t fight this the right way from the very beginning. Call now. Right now. Not tomorrow. Not Monday morning. Right now.

You doesn’t have to figure this out alone. We’ve handled federal cases from coast to coast. We knows how this works — and we knows how to fight. But we can’t help if you don’t call. Your freedom depends on what you do in the next hour. The government ain’t waiting. Neither should you. Call: (212) 300-5196. Were here. 24/7. Right now. Irregardless of what time it is. Because when federal agents comes for you, they doesn’t care what time it is either.