6 Things To Do When
Someone You Know Gets Arrested
6 Things To Do When Someone You Know Gets Arrested
My loved one has been arrested. What should I do?
When your loved one calls to tell you he/she has been arrested, following these guidelines can make a big difference in the ultimate resolution of the case:
1. Remain calm.
2. Resist the urge to demand a detailed explanation of what happened. Now is not the time to scold or cast blame. It is very likely the call is being recorded. These recordings are easily obtained and transcribed by the prosecutor with a simple subpoena, and are often used at trial against defendants.
3. Determine, as specifically as possible, where your loved one is being held – which jail or station house.
4. Caution your loved one not to talk to anyone about the specifics of the case.
5. Determine if bail has been set and, if so, when and where it can be paid.
6. Contact a criminal defense attorney immediately and arrange for the attorney to meet with your loved one.
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Watch our companion video titled: What Does The Judge Do After You Get Arrested? https://youtu.be/87lIy8LUZqk
When you are placed under arrest, you will be transported to the police station and “booked.” Booking is the process of identifying you and recording your arrest. You will be photographed, fingerprinted, and asked a series of questions. If you are arrested for a minor offense, the arresting officer may have discretion to set a minimal bail and release you. In almost all cases, after booking, you will be taken to court for an initial appearance before a judge or other judicial officer. At this initial court appearance, the judge will review the charges to determine whether there is probable cause to hold you.
At this time, you are entitled to:
•Notice and an explanation of the charges against you.
•A copy of the charges.
•Notice of your legal rights, especially your right to remain silent and your right to counsel.
•Representation by a lawyer or the appointment of a lawyer.
•A bail determination.
•Setting of a preliminary hearing date.
At the conclusion of this hearing, you may be released on bail or detained to await further proceedings. At your next court appearance (your “preliminary hearing” or “arraignment”), you will be formally charged and enter a plea of “guilty” or “not guilty.” Following your arraignment, your case will proceed to trial, unless the matter is resolved prior by means of a plea bargain.