Just charged with a crime in the United States? Here's what to do next.
A practical guide for first-time defendants — and a $29.99 AI tool that scans your discovery for Constitutional violations your attorney might not have time to spot.
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Scan my discovery now — $29.99 →60 seconds. All 50 states. Not legal advice — issue-spotter only.
Step 1 — Invoke your rights, then stop talking
Two sentences: "I am invoking my right to remain silent. I want a lawyer." Say them clearly and then stop talking. The right to silence (5th Amendment) and right to counsel (Miranda + 6th Amendment) only fully protect you when you explicitly invoke them. Saying nothing is not the same as invoking — silence alone can be used against you in some circumstances under Salinas v. Texas (2013).
Do not consent to any search. Do not "explain your side." Do not chat with cellmates about your case (informants are real). Do not post about it on social media.
Step 2 — Get a lawyer (public defender or private)
If you cannot afford an attorney, one will be appointed (Gideon v. Wainwright, 1963). Public defenders are real lawyers, but they typically carry 100+ active cases. They will work hard for you, but they do not have time to read every page of every discovery file. Your active participation matters.
If you can afford private counsel, interview at least two attorneys. Ask: "How many of my type of case have you tried in the last year?" — not just settled, tried.
Step 3 — Bail, arraignment, and your first court date
After arrest you'll be booked and either released on citation, released on bail/bond, or held until arraignment. At arraignment, you typically enter "not guilty" to preserve your rights and get to the discovery phase. Do not plead guilty at arraignment unless your attorney has reviewed the evidence and recommended it.
Step 4 — Get your discovery and read every page
Discovery is the evidence package the prosecution must turn over to your defense. It includes police reports, body-worn camera footage, witness statements, lab/forensic results, search warrants, and any exculpatory evidence (Brady v. Maryland, 1963). Discovery rules vary by state — some are "open file," others require formal motions.
Your attorney will review it. But you should too. You know what actually happened. You can spot inconsistencies between an officer's report and your memory. You can notice timing gaps. You can see whether Miranda was read before or after a custodial interrogation.
The four Constitutional violations that get evidence suppressed
When law enforcement violates your rights and obtains evidence as a result, the exclusionary rule (Mapp v. Ohio, 1961) allows a court to suppress that evidence. Without it, the prosecution's case may collapse. The four most common arguments:
Police generally need a warrant supported by probable cause, or a recognized exception (consent, search incident to arrest, plain view, exigent circumstances, automobile exception). "He searched my car because I seemed nervous" is not a legal search. If the warrant was defective or no exception applied, the evidence found may be suppressed.
Miranda v. Arizona (1966) requires warnings before custodial interrogation. If you were in custody and being interrogated without proper warnings, your statements may be inadmissible. Once you invoke counsel, all interrogation must stop (Edwards v. Arizona, 1981).
The Constitution guarantees a speedy trial. Federal cases are governed by the Speedy Trial Act (18 U.S.C. § 3161). State cases use a four-factor test from Barker v. Wingo (1972): length of delay, reason, defendant's assertion, prejudice to the defendant. Excessive delay can lead to dismissal.
Under Brady v. Maryland (1963), the prosecution must turn over evidence that is favorable to the defendant and material to guilt or punishment. Failure to do so is a due process violation that can result in conviction reversal.
How RightsRadar helps
RightsRadar is an AI tool built for people in your situation. Upload your discovery (PDF, Word, or photo), pick your state, and in 60 seconds you get a plain-English report flagging:
- Possible 4th Amendment search-and-seizure issues
- Possible 5th Amendment / Miranda issues
- Possible 6th Amendment speedy trial issues
- Possible Brady disclosure issues
- Specific questions to bring to your attorney
It is not legal advice and does not replace your attorney. It's an issue-spotter — a structured way to read your own file and prepare for your next meeting. Public defenders welcome clients who arrive prepared. Plea negotiations and suppression motions go better when you understand the file.
Ready to scan your discovery?
$29.99. 60 seconds. All 50 states. No subscription.
Scan My Discovery → $29.99Frequently asked questions
What should I do immediately after being charged?
Invoke your right to silence and ask for a lawyer, both explicitly. Don't consent to searches. Don't try to explain.
When do I get discovery?
After arraignment, typically within weeks. Timing depends on state rules. Your attorney requests it.
Can charges actually be dismissed over Constitutional violations?
Yes. The exclusionary rule, Miranda violations, and speedy trial violations are routinely successful in suppressing evidence and dismissing cases.
What's Brady material?
Evidence favorable to you that the prosecution must turn over under Brady v. Maryland. Failing to disclose can overturn a conviction.
Should I plead guilty at arraignment?
No. Plead "not guilty" to preserve your rights. Get discovery, talk to your attorney, then decide.