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When Your Loved One is Arrested
When Your Loved One is Arrested
Your loved one has been arrested, and you want to help, but you don’t know how. What should you do? Who should you call? What should you say (or not say)? In the urgency of the moment, it is hard not to panic. We can help. This list outlines steps you can take to assist and comfort your loved one in the immediate aftermath of an arrest.
If you are present at the time of arrest…
Be Respectful.
Always be respectful to the police. They are public employees, and it is not illegal to ask them questions as long as you are not impeding their ability to do their jobs. Most officers are willing to provide basic information when questioned politely.
Confirm the arrest.
Ask officers if your loved one is free to go. If they are not, ask if they have been arrested or detained. If they are arrested, ask why. If the arrest was made pursuant to a warrant, inquire what authority issued the warrant and the bond amount. Ask officers where they will be booked, and where you can bond them out. If the charge is a misdemeanor, the arresting officer may be able to tell you the bond amount, and where it can be posted. In some cases, your loved one may qualify for a recognizance or signature bond, meaning they will be released from jail after going through booking procedures, without having to post any money bond.
Gather information.
Try to obtain the name of the arresting agency, and the name of the arresting officer or officers. Note the time, date, and location of the arrest. Write it all down, so you won’t forget. This information can be very useful in locating your loved one in the local jail system, and these facts could be relevant to future court motions challenging the validity of the arrest.
Reassure your loved one.
If you are able to communicate with your loved one before he is taken the to the stationhouse, advise him not to answer any questions that go beyond routine booking questions like name and date of birth. Reassure him that you will make attempts to bond him out of custody as soon as possible, and that you will help him obtain a qualified criminal defense lawyer.
Be available.
Make sure that your phone is charged and turned on and that you have it with you. Once at the jail, your loved one should be allowed to make a phone call; if he is moved to a new facility, he again should be allowed to make one phone call.
When Your Loved One Calls From Jail
Do NOT ask for details about what happened.
This is critical because virtually all police stations record these phone calls, and the prosecution surely will obtain a copy of the recording. Do not ask about the circumstances leading up to and surrounding your loved one’s arrest. This is not the time for scolding or making excuses.
Get his location.
Ask where your loved one is being held. Get the name (and address, if possible) of the facility, and write this information down.
Remain calm.
In all likelihood, your loved one will be scared and desperate to get out of custody. Remain calm. Reassure him that he is not alone and will not be abandoned. You will work to get him out of custody as soon as possible and to find a lawyer to help him.
Urge him to remain silent.
Tell your loved one not to discuss his case with anyone while in custody until he meets with a lawyer. Understand, though, that this will be very difficult for your loved one to do, especially if he is interrogated while in custody. Help him by telling him exactly what to say: “I don’t want to answer questions. I want to talk to a lawyer.”
Contact a criminal defense lawyer.
Don’t delay. With so much at stake, you need a criminal defense lawyer on your loved one’s side as soon as possible. It is extremely important that you inform your loved one’s lawyer exactly where he is being held. Depending on the situation, the defense lawyer may rush down to the facility to demand to speak with his client. Police officers are required by law to inform detained suspects that their lawyer has arrived and wants to speak with them. This may be crucial in disrupting a custodial interrogation.
When You Hear About the Arrest From a Third Party…
Find your loved one.
You may be able to locate your loved one using your local government’s website. Commercial inmate locators are a waste of money. Note it takes time for the computer system to be updated. You may call your local law enforcement’s non-emergency line to help in locating your friend or family member. Have important information ready, including his full name with correct spelling and AKAs, and date of birth. You can also look up the number for your county jail and call there directly; ask to speak with the booking department. If your loved one is held at a local precinct, it is helpful to know where the arrest took place, when the arrest occurred, and your loved one’s current address.
Continued…
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We Help Keep Good People Out Of Jail!
Dealing With Bond Issues
Determine the specific charge.
Find out what the criminal charge is with as much specificity as possible. Your loved one may have a written document called a charging instrument with the exact name of the alleged crime and specific code section. If you speak with officers at the scene or the jail, they may also be willing to provide you with the exact criminal statute.
Think twice before contacting a bondsman.
If your loved one is being held on a high money bond, you may consider contacting a bail bondsman. These are individuals and businesses who lend money to people for the purposes of posting bond. However, there are real financial and physical risks associated with bail bond agencies. If at all possible, talk to a criminal defense lawyer about your other options first, before you make the call to a bondsman.
Post bond.
When posting bond be aware you may be required to pay an additional fee, usually around $50. Most county jails have a bond window located in the administrative section of the building. Note you should think of bond as a gift to your friend or loved one. Do not plan to get the money back. Bond can be forfeited for failure to appear at future court dates; it may be assigned to your loved one’s lawyer; or it may be used to pay your loved one’s fines and court costs. If there is any bond left over after the resolution of the case, it is refunded to the person who posted the bond, less an administrative fee, usually around 10%.
Arrange a ride.
Don’t forget to arrange a ride for your friend upon their release on bond. Many police stations and county jails are not located in the safest neighborhoods, and your loved one may be released in the middle of the night.
Take care of day-to-day needs.
If your loved one is unable to post bond, he may need your help making necessary arrangements. For example, you will want to provide the jail (or your defense lawyer) with all of your loved one’s prescriptions and medications. Also, you may want to contact your loved one’s school, work, or community organizations to inform them of future absences. Make certain that things like rent or utilities do not go unpaid while your loved one is incarcerated.
For additional information, please visit our Bail Basics and Visiting a Loved One in Jail resources.
Top-Rated Legal Team Dedicated to DUI and Criminal Law
Positively Impacting Lives Through Effective Legal Advocacy - One Case At A Time!
At Future First Criminal Law, we believe everyone deserves a second chance. That’s why we provide strong, strategic DUI and criminal defense representation, setting ourselves apart as a trusted choice in the Phoenix area.
Our approach is simple but impactful: by focusing on a select number of clients, we ensure each case receives the personalized attention it deserves. We take the time to understand the unique details of your situation, because no two cases are the same.
We know what’s at stake. Our dedicated team works tirelessly to craft tailored defense strategies that protect your rights and safeguard your future. From leveling the playing field in the courtroom to guiding you through every step of the legal process, our goal is clear: to help you avoid incarceration and move forward with confidence.
At Future First Criminal Law, we’re more than your legal advocates—we’re your partners in navigating the complexities of the justice system, empowering you to achieve the best possible outcome.
