What to Do If You're Arrested in Kentucky | Clark + ...

Steps to Take After an Arrest in Kentucky

Being arrested is one of the most stressful experiences a person can go through. In the confusion and fear of the moment, many people make mistakes that damage their criminal case. If you are arrested anywhere in Kentucky — whether in Lexington, Louisville, or a smaller community — knowing your rights and what steps to take can protect your freedom and your future.

Clark + Harris, PLLC has defended hundreds of Kentuckians facing criminal charges. Here is what our attorneys recommend you do if you are arrested.

1. Stay Calm and Do Not Resist

Resisting arrest is a separate criminal offense under KRS 520.090. Even if you believe the arrest is unlawful, physically resisting will only add charges and potentially lead to injuries. Remain calm, comply with the officer’s physical instructions, and save your arguments for the courtroom.

2. Exercise Your Right to Remain Silent

The Fifth Amendment to the United States Constitution and Section 11 of the Kentucky Constitution protect your right against self-incrimination. After being arrested, you should clearly state: “I am invoking my right to remain silent. I want to speak with an attorney.” Then stop talking.

Do not try to explain your way out of the situation. Do not answer questions about where you were, what you were doing, or who you were with. Anything you say — even casual comments — can and will be used against you in court. Kentucky courts routinely admit statements made to police during and after arrest.

3. Do Not Consent to Searches

While police may have the authority to search you incident to arrest, they may ask to search your vehicle, home, or phone. You have the right to refuse consent to searches under the Fourth Amendment. Politely but firmly state: “I do not consent to any searches.” If police search without your consent or a warrant, your attorney can challenge the legality of that search and potentially have evidence suppressed.

4. Request an Attorney Immediately

Under the Sixth Amendment, you have the right to an attorney. Once you invoke this right, police are required to stop questioning you until your lawyer is present. This is one of the most important steps you can take. Do not waive this right, and do not speak to investigators without your attorney present — no matter what they promise or threaten.

5. Remember the Details

As soon as you are able, make mental notes or written notes about the circumstances of your arrest. What did the officers say? What was the reason given for the stop or arrest? Were you read your Miranda rights? Were there witnesses? These details can be critical to your defense.

6. Contact a Criminal Defense Attorney

Time matters in criminal cases. Evidence can disappear, witnesses’ memories fade, and critical legal deadlines can pass. Contact an experienced Kentucky criminal defense attorney as soon as possible after your arrest. If you cannot afford an attorney, you have the right to a public defender, but if you have the means, hiring a private defense attorney gives you the advantage of dedicated attention and resources focused solely on your case.

What Happens After an Arrest in Kentucky?

After arrest, you will be booked at the local jail, which involves fingerprinting, photographs, and collection of personal information. You will then appear before a judge for arraignment, typically within 24 to 48 hours. At arraignment, the judge will inform you of the charges, set bail under KRS Chapter 431, and advise you of your rights.

Bail in Kentucky is governed by KRS 431.510–431.550 and may be set as cash bail, a surety bond, property bond, or you may be released on your own recognizance. Having an attorney at your arraignment can make a significant difference in the bail amount and conditions set.

Protect Your Rights — Call Clark + Harris

If you have been arrested in Kentucky — in Lexington, Louisville, or anywhere across the state — Clark + Harris, PLLC is ready to help. We handle criminal defense cases throughout central and eastern Kentucky and are available for immediate consultations.

Call 859-474-0001 now. The sooner you have a defense attorney on your side, the stronger your position will be.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

What to Do If You’re Arrested in Kentucky | Clark + Harris, PLLC