Arrested in Johnson County? What to Do in the First 24 Hours

Being arrested in Johnson County can be daunting. Arrests can come after traffic stops, domestic situations, or sudden investigations. During the first day or so after an arrest, you can unknowingly make decisions that affect your case for years to come. From what you say to what you don’t say, your first 24 hours after an arrest are critical.

If you or a loved one has been arrested in Johnson County or elsewhere in Kansas, read below to learn what you should—and should not—be doing during those first few hours.

Step 1: Remain Silent and Follow Instructions—Don’t Provide Explanations

It’s human nature to want to explain yourself when placed under arrest. You may think you can “just clear things up,” but that rarely helps your case. Police officers are trying to gather evidence against you. Every statement you make can be used against you in court. After arresting you, police may question you during or after booking—but they do not have to allow you to make a statement.

You have the right to remain silent. Exercise that right. You can simply say: “I am invoking my right to remain silent and I would like to speak with an attorney.”

Then say nothing more.

Step 2: Know What to Expect During Booking

After you are arrested, officers will take you to the local detention center for booking. Booking generally includes the following:

• Recording basic personal information
• Fingerprinting
• Photographing (aka “mug shots”)
• Running a background check
• Taking inventory of your personal property.

Please note that while you are being booked, officers may also continue to question you. You’ve finished the part where you’re handcuffed and patted down, so they may act like you’re just having a casual conversation. Do not let this fool you. This is still an investigation.

Step 3: Do Not Discuss Your Case with Others

Do NOT discuss your case with anyone. You may be placed in a cell with others before your court hearing. You will likely have phone privileges. Someone may pressure you to share what happened.

Don’t fall for it. Police often record jail phone calls. Cells are not soundproof—and jail conversations are not confidential. Prosecutors can use your statements later.

Step 4: Learn About Your Right to a Timely Court Appearance

Kansas law requires that “the arrested person be taken before a judge without unnecessary delay.” In many cases, this first court appearance will occur within 24–48 hours of your arrest. This appearance is commonly referred to as a first appearance.

During your first court appearance, you can expect the following to happen:

• The judge will tell you what you’ve been charged with.
• You will be advised of your rights.
• The judge may determine bail/bond.
• The court will advise you on eligibility for a public defender.

Your first court appearance will likely be held on the next business day after your arrest.

This appearance is when you can start actively defending yourself against the charges. Having an attorney by this stage can be crucial.

Step 5: Resolve Bail and Release Conditions

Like most states, Kansas allows those arrested to seek release fairly quickly by posting bond. How long this takes depends on a variety of factors, including:

• The seriousness of the charges
• Whether or not an arrest warrant was issued
• Your criminal history
• Any conditions set by the judge

Kansas law states that an arrested person should have “the opportunity to post bond and seek release from custody,” sometimes as soon as hours after booking. But the reality is that not everyone will be released. Some people will have to wait until their first court appearance for a judge to set a bond.

Step 6: Contact a Criminal Defense Attorney

Contact an attorney. A qualified Johnson County criminal defense attorney can:

• Speak on your behalf before the police start intensive questioning
• Help you avoid making harmful statements
• Begin gathering evidence to support your innocence
• Negotiate with the court for favorable bond conditions
• Work to identify any early defenses or case weaknesses

Waiting a day or two to contact an attorney can seriously hinder your attorney’s ability to protect you from the beginning.

Step 7: Protect Your Legal Rights by Preserving Evidence

While the police are trying to build a case against you, you should be thinking about your defense. How? By preserving evidence. During the first 24 hours after your arrest, you should:

• Write down everything you can remember. (But do NOT share this with anyone except your attorney.)
• Identify potential witnesses.
• Stop deleting texts, emails, and social media posts.
• Stay away from alleged victims. (This is especially important in domestic abuse cases.)

Time is critical when it comes to preserving evidence. Memories fade—and chances to collect favorable evidence disappear—quickly.

Step 8: Avoid These Post-Arrest Mistakes

From reviewing statements to considering plea deals, prosecutors have a lot to do during the first 24 hours after your arrest. Here are some mistakes that can make their jobs easier in Johnson County and beyond:

• Attempting to “explain yourself” to the police
• Posting about your arrest on social media
• Contacting alleged victims
• Destroying evidence
• Posting bail and violating release conditions
• Cooperating with the police, with the hopes that your charges will be dropped

Making ANY of these mistakes during the first day or two after your arrest can come back to haunt you later.

Step 9: Remember That Your Case Just Started

An arrest is not a conviction. It’s the beginning of a process that will likely span several months, if not longer. After an arrest, your case may go through the following stages:

• Preliminary hearing (if charged with a felony)
• Arraignment and plea
• Pretrial motions
• Trial

Each of these stages presents an opportunity to protect your rights and your future. The earlier you engage an attorney, the better your chances of a favorable outcome.

The Importance of the First 24 Hours

Once someone is arrested, police officers and prosecutors start building a case. This process includes collecting evidence, reviewing your statements, and working quickly to secure a conviction. That said, the first day or two after your arrest should be focused on protecting your rights—not sharing what happened.

Speak with a Johnson County Criminal Defense Attorney Now

You should never have to face an arrest or criminal charge alone. The sooner you contact an attorney after an arrest, the better your chances are of protecting your future.

Contact us today to speak with an attorney for free.