What to Do After Being Arrested in North Dakota: A Step-by-Step Guide

Whether it’s your first time dealing with law enforcement or not, getting arrested can be one of the most stressful experiences of your life. What happens next—and how you respond—can greatly affect your future. This guide walks you through the critical steps to take after an arrest in North Dakota to protect your rights and build a strong defense.

Step 1: Stay Calm and Compliant

Emotions run high during arrests, but resisting or arguing with law enforcement can make matters worse. In North Dakota, resisting arrest is a separate criminal offense.

• Do not run or argue. Stay as calm as possible.

• Keep your hands visible. Avoid sudden movements.

• Follow police instructions. You can contest any unlawful actions later with your attorney.

Step 2: Invoke Your Right to Remain Silent

Once you're in custody, anything you say can be used against you. North Dakota law enforcement is required to advise you of your Miranda rights, which include:

• The right to remain silent

• The right to an attorney

• That anything you say may be used against you in court

Say clearly: “I am invoking my right to remain silent. I want to speak with an attorney.”

Avoid trying to explain your side of the story without a lawyer present—even if you believe you’re innocent or misunderstood.

Step 3: Do Not Consent to Searches Without a Warrant

Police may ask to search your vehicle, home, or belongings. Unless they have a valid warrant or specific legal grounds (like probable cause), you have the right to say no.

• If you’re asked for permission, say: “I do not consent to any searches.”

This helps your attorney later challenge any evidence that may have been improperly obtained.

Step 4: Understand the Booking Process

After arrest, you'll go through booking, which includes:

• Fingerprinting

• Photograph (mugshot)

• Collecting personal information

• Possible holding in a local jail

In Bismarck, for example, detainees are often held at the Burleigh County Detention Center. Booking can take several hours, especially on weekends or holidays.

Step 5: Contact a Criminal Defense Attorney

This is one of the most important steps you can take.

• A local attorney understands North Dakota criminal laws, court procedures, and the personalities involved—judges, prosecutors, and law enforcement.

• Your lawyer can begin working right away to secure bail, negotiate charges, or prepare your defense.

If you’ve been arrested in Bismarck, Mandan, Minot, Williston, or anywhere in North Dakota, contact Heartland Law Office as soon as possible.

Step 6: Know Your Bail and Release Options

In many cases, you may be eligible for release on bail or personal recognizance.

• Bail is set by a judge based on the seriousness of the charge, your criminal history, and flight risk.

• If you can’t afford bail, your attorney can request a bail reduction hearing.

Learn more about bail procedures through the North Dakota Century Code – Chapter 29-08.

Step 7: Prepare for Your First Court Appearance (Initial Appearance)

In North Dakota, your initial appearance typically happens within 48 hours of arrest (excluding weekends/holidays). During this hearing:

• The judge will inform you of the charges

• You’ll be advised of your rights

• Bail may be reviewed or set

• You may enter a plea (not guilty, guilty, or no contest)

Never plead guilty without speaking to an attorney first. Even minor charges can carry long-term consequences, including a criminal record.

Step 8: Follow All Court Orders and Conditions

Once you’re released, you may be subject to conditions such as:

• No contact with alleged victims

• Staying within North Dakota

• Refraining from drugs or alcohol

• Checking in with a pretrial services officer

Violating these conditions can result in revocation of bail or additional charges.

Step 9: Gather Evidence and Build Your Defense

The earlier you involve an attorney, the sooner they can begin:

• Investigating the circumstances of your arrest

• Gathering evidence or witness testimony

• Filing motions to suppress illegally obtained evidence

• Negotiating with the prosecutor to reduce or dismiss charges

Each case is unique, and in North Dakota, even misdemeanors can have a big impact on jobs, licenses, or professional opportunities.

Step 10: Stay Informed and Involved

Facing criminal charges is overwhelming, but you don’t have to go through it alone. Your attorney will keep you informed about:

• Court dates

• Deadlines

• Possible outcomes

• Plea offers and trial options

Keep a copy of all documents, and stay in touch with your lawyer regularly.

Arrested in North Dakota? We’re Here to Help.

At Heartland Law Office in Bismarck, we help clients across the state protect their rights, defend their freedom, and navigate the criminal justice system with confidence. Whether you’re facing DUI charges in Dickinson or drug allegations in Grand Forks, we bring decades of experience to your corner.

Schedule a consultation today and let’s start building your defense.

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Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.