Being arrested by the Memphis SAFE Task Force can happen fast. One minute you’re pulled over for a traffic stop, the next you’re sitting in the back of a police car, wondering what you did wrong and how serious this is.
At Harvey Criminal Defense Lawyers, we’ve represented many people arrested by Memphis SAFE officers. Here’s exactly what you need to do from the moment of arrest through your first court appearance.
What Happens Immediately After a SAFE Task Force Arrest?
The first few hours after arrest set the tone for everything that follows. Understanding what’s happening helps you avoid mistakes that could hurt your case later.
You’ll Be Transported to Jail
After arrest, SAFE officers will transport you to the Shelby County Jail (201 Poplar) for booking and processing. This includes:
- Recording your personal information
- Taking fingerprints and photographs
- Running a background check for warrants
- Conducting a health screening
- Searching your belongings
This process can take several hours, especially if the jail is busy.
Officers May Try to Question You
Miranda warnings are required before police conduct a custodial interrogation. If officers want to question you while you’re in custody, they must tell you about your right to remain silent and your right to an attorney.
These rights exist whether or not police read them to you.
This is where many people make their biggest mistake. Officers often ask questions that seem harmless or try to get you to “explain your side of the story.”
Don’t do it. Even if you think you can talk your way out of trouble, anything you say will be used to build the case against you.
Politely tell the officers: “I want to speak to a lawyer. I’m not answering any questions.” Then stop talking.
What Rights Do You Have After Being Arrested?
You don’t lose your constitutional rights just because you’re in custody. Understanding what protections you still have is critical.
The Right to Remain Silent
Under the Fifth Amendment, you cannot be forced to answer questions or make statements that could incriminate you.
Officers may tell you that talking will help you, or that staying silent makes you look guilty. That’s not true. Exercising your right to silence cannot be used against you in court.
The Right to an Attorney
Under the Sixth Amendment and Tennessee Code Annotated § 40-14-102, you have the right to legal representation. If you cannot afford a lawyer, the court will appoint a public defender.
You need to clearly invoke this right. Say: “I want a lawyer.” Once you do, the police must stop questioning you.
The Right to a Bond Hearing
Tennessee law requires that you be brought before a judge or magistrate within a reasonable time after arrest. In practice, this typically happens within 48 hours, excluding weekends and holidays.
At this hearing, the judge will decide whether to set bond and, if so, how much.
What You Should NOT Do After Being Arrested
Certain actions after arrest can make your situation significantly worse. Avoid these common mistakes.
Don’t Talk to Police Without a Lawyer
Police are trained to get information from you. They may:
- Minimize the seriousness of the charges
- Claim they “just need to verify a few things”
- Suggest that cooperation will help you
- Imply that asking for a lawyer makes you look guilty
None of this changes the fact that talking without a lawyer almost always hurts your case.
Don’t Discuss Your Case on Jail Phones
All calls from jail are recorded except calls to your attorney. Anything you say to family, friends, or anyone else can be played in court.
Keep conversations focused on practical matters like arranging bond or letting people know you’re okay.
Don’t Talk to Other Inmates
Jailhouse informants are real. Other inmates may try to get information from you and then trade that information to prosecutors in exchange for deals on their own cases.
Don’t Post on Social Media
If you’re released on bond, stay off social media. Prosecutors regularly check social media for evidence, and even innocent-looking posts can be twisted to hurt you.
How Do You Get Out of Jail After a SAFE Task Force Arrest?
Getting released from custody as quickly as possible should be a top priority. Here’s how the bond process works in Memphis.
Bond Hearing
You’ll appear before a judge for a bond hearing. Under Tennessee Code Annotated Title 40, Chapter 11, the judge will consider:
- The seriousness of the charges
- Your criminal history
- Whether you’re a flight risk
- Whether you’re a danger to the community
- Your ties to the community
Based on these factors, the judge will either release you on your own recognizance, set a bond amount, or deny bond entirely for serious charges.
Posting Bond
If a bond is set, you have several options:
Cash Bond: You or someone on your behalf pays the full bond amount in cash.
Bail Bondsman: You pay a bondsman a percentage of the total bond amount (typically 10% in Tennessee, which is non-refundable), and they post the full amount.
Property Bond: In some cases, you can use property as collateral for bond.
Conditions of Release
When you’re released on bond, you’ll have conditions you must follow, such as:
- Appearing for all court dates
- Not committing new crimes
- Staying away from certain people or places
- Checking in with pretrial services
Violating bond conditions can result in your bond being revoked and you being sent back to jail.
What Happens After You’re Released?
Getting out of jail is just the first step. Understanding what comes next helps you prepare for court.
Your First Court Date
Your initial court appearance is called an arraignment. At this hearing, the judge will read the charges, you’ll enter a plea, the court will address bond conditions, and future court dates will be set.
This is not the time to try to explain what happened. Your attorney will handle communications with the court.
Building Your Defense
Once you’re out of jail, your attorney will begin building your defense by reviewing the arrest report and evidence, interviewing witnesses, requesting body camera footage, and examining whether your rights were violated.
The earlier you hire an attorney, the more time they have to build a strong defense.
When Should You Hire a Criminal Defense Lawyer?
Immediately.
The decisions you make in the first 24 to 48 hours after arrest can determine the outcome of your case. Having a lawyer from the beginning means someone can attend your bond hearing, you’ll have guidance on what to say to police, evidence can be preserved, and your attorney can begin negotiations with prosecutors early.
Get Help Now.
Being arrested is frightening, especially when you don’t know what to expect. But the steps you take right now will shape everything that follows.
At Harvey Criminal Defense Lawyers, we’ve helped countless people arrested by Memphis SAFE officers. We know how these cases develop, what prosecutors look for, and how to challenge arrests that violate your rights.
Contact Harvey Criminal Defense Lawyers today for a confidential consultation. Whether you’re still in custody or have just been released, we’re ready to start building your defense.
Author Bio
Phil Harvey
FOUNDER & ATTORNEY
Phil Harvey is the founder and lead attorney of Harvey Criminal Defense Lawyers in Memphis, Tennessee. Known for his tireless advocacy, Phil defends clients facing serious felony charges, from motor vehicle burglary to first-degree murder. Before starting his own firm, he served as an Assistant Public Defender in Shelby County and represented clients in personal injury and wrongful death cases involving car and trucking accidents, nursing home neglect, and more.
A graduate of The College of William and Mary Law School, Phil honed his trial skills on the Moot Court Team and through years of courtroom litigation experience. He considers it a privilege to stand with the accused when their rights, freedom, and future are on the line.
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