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The arrest process in Maryland

On Behalf of | Oct 29, 2021 | Criminal Defense

What happens when I am arrested? This is a question that many people ask before or after they go into custody. The process is quite straightforward, and this article aims to explain exactly what you can expect after getting arrested.

Immediately after the arrest

Once an officer has placed you under arrest, he or she will read you the Miranda Rights before placing one or two sets of cuffs on your wrists. Once you’re cuffed, the arresting officer will attempt to contact someone who can come bail you out of jail and post your bond. If there is nobody available, the officer may take you directly to a correctional facility, where you will stay until arraignment. However, if you’re arrested for a misdemeanor, you may stay at the police station until your arraignment.

You may not get handcuffed during this time. In fact, criminal defense attorneys recommend that you ask to use the bathroom and/or make a call to someone who can post bail before going into custody.

In custody

Once in custody, you have the right to refuse questioning by police officers until your criminal defense lawyer arrives on the scene. The only things you should say after getting arrested are “I need an attorney” or “I am going to remain silent.”

You will stay in a holding cell and may not have access to a phone or any other amenities for some time. You will undergo a criminal background check, and an officer may take your fingerprints.


The arraignment is when you are officially charged with the crime that you got arrested for. The judge assigned to your case may release or deny bail at this time as well. If the criminal defense attorney assigned to your case does not show up, you can request a different one at this point.

It is important to remember that criminal laws vary from state to state. However, in Maryland, the general process of an arrest is similar no matter where you’re arrested or what crime you’ve committed.