Arrest rights and ADHD step-by-step guide (printable)
This discussion guide is intended for informational purposes only and does not constitute legal advice. It is designed to support discussion with a qualified attorney. It should be reviewed now, adapted, and confirmed to align with your specific circumstances and applicable local, state, and federal laws. Legal situations vary widely, and following these suggestions without proper legal review may lead to unintended consequences or worsen your situation. Always consult a licensed attorney before making decisions based on this material.
Remain silent script: “I am exercising my right to remain silent. I want a lawyer.”
No consent script: “I do not consent to a search.”
Medication script: “I have ADHD and take prescribed medication. I need access to it.”
Communication script: “Please speak slowly and clearly. I may need breaks.”
Immediate actions at the scene
Stay calm and visible: Keep hands where officers can see them, speak briefly, and avoid sudden movements.
Invoke your rights clearly: State the remain-silent and lawyer scripts, then stop talking.
Do not consent to searches: Use the no-consent script; do not physically interfere if officers proceed.
Avoid resistance: Do not run, pull away, or argue—those can add separate charges.
During transport or booking
State medical needs early: Share ADHD medication needs, allergies, and any urgent conditions.
Request clear communication: Ask officers to speak slowly; repeat key instructions back to confirm understanding.
Keep explanations for counsel: Do not discuss the incident’s details; save them for your attorney. If yyou have an attorney, memorize their phone number.
Mind what’s recorded: Assume calls and conversations may be recorded; share only location and basic needs.
Interrogation and questioning
Do not answer without a lawyer present: Repeat your rights. If questions continue, keep reasserting them calmly.
Request accommodations: Ask for breaks, water, a quieter space, and written questions if attention slips.
Track details for later: Note names, times, and what was said; write it down as soon as you’re able.
Contacting counsel and family
Call a lawyer first: Public defender or private counsel; if you can’t afford one, the court will appoint one.
Share essentials with family: Location, charges if known, bail status, and medical needs—avoid incident specifics. Do this immediately!
Don’t sign anything without counsel: Wait for your attorney before signing forms, waivers, or statements.
Court and next steps
Tell your attorney about ADHD: Provide diagnosis, medication list, and how symptoms affected the situation.
Ask about alternatives: Diversion, treatment-focused options, or probation may be available depending on the case.
Follow through meticulously: Show up to every court date, comply with orders, and keep medication consistent. Dress appropriately.
Checklist for teens and families
Know the scripts: Practice the four short lines until they’re automatic.
Carry meds info: Keep a current medication list and emergency contacts in your wallet.
Plan a first-call contact: Decide who you’ll call (lawyer or trusted adult) and memorize the number.
Set up a calm routine: Practice grounding techniques (slow breathing, counting, name five things you see).
Create a court-day kit: ID, paperwork, medication, snacks, water, and a simple schedule. Make sure there are no recreational chemicals on you or in your car. Avoid impulsivity.
ADHD accommodations to request
Clear, simple instructions: Slower pacing, one step at a time.
Breaks and environment: Short breaks, quieter room if possible.
Written support: Written questions or summaries to reduce working-memory strain.
Medication access: Timely doses to reduce symptom spikes.
What to avoid
Explaining or apologizing: Even innocent explanations can be used against you.
Arguing or resisting: Keep interactions brief and respectful.
Signing documents without counsel: Wait for your lawyer.
Posting online: Don’t share details on social media or texts.
Not an excuse, but relevant
ADHD is not a legal defense: It won’t prevent arrest or automatically dismiss charges.
It can mitigate: Impulsivity, distractibility, and executive function challenges can be considered in charging, plea, or sentencing.
Quick Reminder: Cards are provided here in two sizes; review them with a professional before using.
AGAIN: This discussion guide is intended for informational purposes only and does not constitute legal advice. It is designed to support discussion with a qualified attorney. It should be reviewed now, adapted, and confirmed to align with your specific circumstances and applicable local, state, and federal laws. Legal situations vary widely, and following these suggestions without proper legal review may lead to unintended consequences or worsen your situation. Always consult a licensed attorney before making decisions based on this material.
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Harold Meyer The ADD Resource Center Email: HaroldMeyer@addrc.org
