What to Do—and What to Avoid—If You’re Arrested in Cleveland, Ohio

Being arrested can be one of the most overwhelming and frightening experiences of your life. Whether it’s your first encounter with law enforcement or you’ve been through the legal system before, knowing what to do after an arrest in Cleveland, Ohio can significantly impact the outcome of your case. At Patrick M. Farrell Co. L.P.A., our criminal defense attorneys understand how stressful and confusing this time can be. As a trusted criminal defense attorney in Cleveland, we’re here to help you understand your rights, protect your future, and defend your freedom. 

The decisions you make immediately following an arrest can carry long-term consequences—and we’re here to help you avoid the most common and costly mistakes.

What Does It Mean to Be Arrested Under Ohio Law?

An arrest occurs when law enforcement takes you into custody under suspicion of committing a crime. This does not simply mean being stopped by police—it means you are not free to leave. Under Ohio law, a police officer may arrest you with or without a warrant, as long as they have probable cause to believe a crime has been committed or is being committed.

While most arrests occur during or immediately after an alleged offense, warrant-based arrests also occur—often stemming from ongoing investigations or criminal complaints. In either case, remain calm and avoid sudden movements. Resisting arrest or arguing with the officer can lead to additional charges.

Your Rights During and After an Arrest

Under the Fifth and Sixth Amendments to the U.S. Constitution, you are guaranteed several important rights when arrested:

• The right to remain silent
• The right to an attorney
• The right to know the charges against you
• The right to a fair and speedy trial

You’ve likely heard of Miranda rights, which must be read to you before any custodial interrogation. If law enforcement fails to inform you of these rights, anything you say in response to questioning may be inadmissible in court.

Exercise Your Right to Remain Silent

Politely inform the officer:
"I am exercising my right to remain silent and would like to speak to an attorney."

Do not volunteer information, try to explain the situation, or attempt to talk your way out of the arrest. Anything you say—even casual comments—can be recorded, documented in a police report, and used against you later.

Ask for a Criminal Defense Attorney Immediately

One of the most important steps you can take is to ask for a lawyer immediately after your arrest. You are not obligated to answer questions, and you should not do so without legal counsel. The police are trained to ask questions in ways that can elicit harmful responses, even from innocent individuals.

At Patrick M. Farrell Co. L.P.A., our trusted criminal defense lawyers provide expert legal defense for clients across Cleveland and Northeast Ohio, and we help to protect your rights from the moment you are in custody.

Understanding Searches and Evidence

If you are arrested, law enforcement may conduct certain searches depending on the circumstances:

Body Searches

Police may search your person without a warrant at the time of arrest to check for weapons or contraband.

Vehicle Searches

If you are arrested while in your vehicle, police may search it without your consent under specific conditions:

• Probable cause that the vehicle contains evidence
• Plain view of illegal items
• If the search is incident to your arrest and related to the offense

You do not have to consent to a search. Clearly state that you do not consent—but do not physically resist.

Home Searches

Generally, a warrant is required to search your home. However, exceptions exist, such as:

• Emergency circumstances (e.g., risk of evidence destruction or danger)
• Consent given by a resident
• Search incident to arrest if it occurs inside the home

Any evidence collected from an illegal or warrantless search may be inadmissible, which your Ohio criminal defense attorney can challenge in court.

Booking and Processing After Arrest

Once arrested, you will be transported to a local detention facility or police station for processing, also known as “booking.” This involves:

• Recording personal information
• Taking fingerprints and photographs
• Conducting a background check
• Confiscating personal belongings

You have the right to make a phone call, typically to an attorney or trusted contact. Remain calm, avoid discussing your case with anyone but your lawyer, and follow instructions during processing.

What Happens Next: Arraignment and Bail

In Cuyahoga County, your first court appearance after arrest is called an arraignment, typically within 72 hours. During this appearance:

• You will be informed of the formal charges
• You may enter a plea (guilty, not guilty, or no contest)
• The judge will decide whether to set bail and at what amount

An experienced Cleveland criminal defense attorney can argue for a reasonable or recognizance bond, helping you return home while awaiting further proceedings.

Consequences of Refusing Chemical Tests in OVI Arrests

Under Ohio’s implied consent law (Ohio Revised Code § 4511.191), drivers suspected of operating a vehicle under the influence (OVI) must submit to a blood, breath, or urine test. Refusing to comply can result in:

• Administrative license suspension (ALS) for up to one year for a first offense
• Enhanced penalties if convicted of OVI after refusal

Even if you refuse, law enforcement may obtain a warrant to compel a test. Contact a Cleveland OVI defense attorney immediately to protect your driving privileges and fight the charges.

What to Do—and What to Avoid—If You're Arrested for Domestic Violence in Ohio

If you’re facing arrest, your actions in the first few hours can significantly impact the outcome of your case. Follow these critical steps to protect your rights and avoid costly mistakes.

What to Do After a Domestic Violence Arrest

1. Stay Calm and Respectful

Avoid arguing or resisting. Comply with physical instructions but remain silent. How you conduct yourself can affect everything from charges to bail decisions.

2. Invoke Your Right to Remain Silent

Clearly and respectfully state: “I am invoking my right to remain silent and request to speak with an attorney.”

3. Request a Lawyer Immediately

Do not answer police questions or make any statements—even if you think you're helping your case—until your defense attorney is present.

4. Decline Unlawful Searches

Unless officers have a valid warrant or legal justification, you are not required to consent to searches of your person, vehicle, or home. Calmly say, “I do not consent to a search.”

5. Use Your Phone Call Strategically

Call your attorney first, or a trusted contact who can help arrange legal counsel and secure bail if necessary.

6. Cooperate During Booking

Provide only basic identifying details as required. Follow instructions during fingerprinting, photographing, and other booking procedures.

7. Attend Your Arraignment Prepared

You’ll typically appear in court within 72 hours. A criminal defense attorney can argue for a reasonable bond and advise you on next steps, including plea options or motions to dismiss.

What Not to Do After a Domestic Violence Arrest

1. Do Not Resist Arrest

Even passive or non-violent resistance can result in additional charges like obstruction or resisting arrest.

2. Do Not Discuss the Case with Anyone but Your Lawyer

Statements made to police, friends, family, or even cellmates can be used against you. Your attorney is the only safe person to speak with about the details of your case.

3. Do Not Consent to Searches

Never physically resist, but always clearly state your refusal. Evidence collected without valid consent may later be suppressed.

4. Do Not Assume Your Innocence Is Enough

Even innocent people are convicted based on poorly handled cases. Let your attorney control all communications and evidence strategy.

5. Do Not Miss Your Court Date

Failing to appear at your arraignment or hearings can result in a bench warrant, loss of bail, or harsher penalties.

Frequently Asked Questions (FAQS) About Arrests and Your Rights in Ohio

Will I automatically be convicted if I’m arrested?

No. An arrest is not the same as a conviction. The state must prove your guilt beyond a reasonable doubt. Many cases are dismissed or result in reduced charges when handled by an experienced criminal defense attorney who understands the local courts and how to challenge weak evidence.

Should I talk to the police if I’m innocent?

Absolutely not. Even truthful or seemingly harmless statements can be misinterpreted or used against you. Politely invoke your right to remain silent and request legal counsel before answering any questions.

Can I be released the same day I’m arrested?

Possibly. Your release depends on factors like the nature of the charge, bail amount, and whether you qualify for release on your own recognizance. A skilled attorney can advocate for a lower bail or expedited release during your arraignment.

What if I can’t afford a private attorney?

You have the constitutional right to a court-appointed lawyer if you cannot afford one. However, public defenders often carry large caseloads. For more personalized attention, faster communication, and a thorough defense strategy, private representation is typically the stronger option.

What are my rights during an arrest?

You have several key rights under the Fifth and Sixth Amendments, including:

• The right to remain silent
• The right to an attorney
• The right to be informed of the charges against you
• The right to a fair and speedy trial

These rights protect you during all stages of the criminal process. Be sure to assert them clearly and respectfully.

What happens at the arraignment?

At your arraignment—usually within 72 hours of arrest—you’ll be formally advised of your charges, asked to enter a plea, and a judge will determine whether to set bail. Having legal counsel at this stage is critical to avoid costly missteps and secure favorable bail terms.

What should I say during police questioning?

Nothing. Clearly state that you wish to remain silent and request an attorney. Do not attempt to explain your side of the story or clarify anything. Even innocent remarks can be used to build a case against you.

Can I refuse a chemical test if I’m arrested for OVI?

You can refuse, but under Ohio’s implied consent law, doing so can trigger an automatic administrative license suspension for up to one year for a first offense. Refusal may also increase penalties if you’re later convicted. Contact an OVI attorney immediately to protect your license and legal standing.

What if I believe the police violated my rights during the arrest?

Document everything you remember and contact an attorney right away. If your rights were violated—such as through an unlawful search or failure to read your Miranda rights—your lawyer may be able to suppress certain evidence or even have the charges dismissed.

Protect Your Rights with a Trusted Cleveland Criminal Defense Attorney

If you or someone you care about has been arrested or charged in Cleveland, timing is everything. The decisions you make in the first hours and days can shape the outcome of your case—and even your future. Early mistakes, such as speaking to law enforcement without legal counsel, can lead to harsh penalties, a criminal record, or jail time.

At Patrick M. Farrell Co. L.P.A., we provide trusted, aggressive criminal defense for clients throughout Cleveland, Cuyahoga County, and Northeast Ohio. We handle the full range of misdemeanor and felony charges, including:

• Domestic violence and assault
• OVI (Operating a Vehicle Impaired)
• Drug possession and trafficking
• Theft, burglary, and property crimes
• Probation violations and more

Our firm is known for thorough investigations, strategic case building, skilled plea negotiations, and powerful trial advocacy. From the moment you contact us, we move swiftly to protect your rights, challenge the prosecution’s case, and position you for the best possible outcome.

Do not face the criminal justice system alone. Call or text Patrick M. Farrell Co. L.P.A. at 216-661-5050 now or contact us confidentially through our secure online form for a free consultation. You can also fill out our secure online form—your information stays confidential, and an attorney from our trusted legal team will follow up shortly.The sooner you act, the more options we have to protect your freedom. 

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