Know Your Rights: When You Are Arrested in Minnesota

Being arrested is frightening. But you have important legal rights from the moment you are detained. Knowing these rights can protect you. Here is what you need to know.

Your Rights

1. You have the right to remain silent. Under the Fifth Amendment, you do not have to answer any questions from police. Anything you say can and will be used against you in court. You should clearly say, “I am exercising my right to remain silent.”

2. You have the right to an attorney. Under the Sixth Amendment, you have the right to a lawyer. If police want to question you, say, “I want a lawyer.” Once you ask for a lawyer, police must stop questioning you until your lawyer is present.

3. You have the right to a public defender if you cannot afford a lawyer. If you qualify financially, the court will appoint a public defender at no cost (other than a possible $75 co-pay). Ask for a public defender at your first court appearance. See Minn. Stat. § 611.14 .

4. You must be read your Miranda rights before questioning. Before police question you while you are in custody, they must tell you: you have the right to remain silent, anything you say can be used against you, you have the right to a lawyer, and if you cannot afford one, one will be provided. If they question you without reading these rights, your answers may not be allowed in court.

5. You have the right to a phone call. After being booked, you have the right to make a phone call. Use it to contact a lawyer or a family member who can help you find one.

6. You have the right to know the charges against you. You must be told what crime you are being arrested for.

7. You have the right to bail or release. Under Minnesota Rules of Criminal Procedure, Rule 6.02, you generally have the right to be released before trial. The court will set bail (a money amount to guarantee you show up) or conditions of release. For most non-violent offenses, you should be able to post bail or be released on conditions.

8. You have the right to a prompt court appearance. You must be brought before a judge within 36 hours of arrest (not counting the day of arrest, Sundays, or legal holidays). At this hearing (called an arraignment), you will hear the charges and can enter a plea.

What to Do

• Stay calm. Do not resist arrest. Even if you believe the arrest is wrong, do not fight, run, or argue. Resisting arrest is a separate crime and can make your situation worse. You can challenge the arrest later in court.
• Say these words clearly: “I am exercising my right to remain silent. I want a lawyer.” Then stop talking. Do not explain, argue, or try to talk your way out of it.
• Do not consent to searches. Say, “I do not consent to a search.” If officers search you anyway, do not resist – but your refusal is important for your case later.
• Do not sign anything without a lawyer. Do not sign any statements or waivers until you have talked to an attorney.
• Remember details. Pay attention to the names and badge numbers of officers, what they say, and what happens. Write it all down as soon as you can.
• Contact a lawyer or family member. Use your phone call to reach someone who can help.
• Ask for a public defender at your first court appearance. If you cannot afford a lawyer, tell the judge right away.

Important Deadlines

Deadline	What It Means
36 hours	You must be brought before a judge within 36 hours of arrest (not counting day of arrest, Sundays, or holidays)
First court appearance	Ask for a public defender at your arraignment if you cannot afford a lawyer
Bail hearing	The judge will decide bail or release conditions at or shortly after your first appearance

Get Help

• Minnesota Board of Public Defense: pubdef.state.mn.us – Information about public defender services statewide

For more detail: See our full guides on related topics:

Getting a Public Defender in Minnesota

A plain-language guide to understanding your right to a public defender in Minnesota, including eligibility, how to apply, and what to expect.

Criminal Record Expungement in Minnesota

Learn how to seal or expunge a criminal record in Minnesota. Plain-language guide covering eligibility, the step-by-step process, costs, and where to get help.

What to Do If You Missed a Court Date in Minnesota

A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options.