When a family member is arrested, most people react by reaching out to anyone and everyone they can think of. It’s only natural, sure, but the first 24 hours require a more step-by-step approach. You have to be methodical, not reactive.
After all, “Joe’s been arrested, we need to do something!” isn’t an actual plan. And getting arrested doesn’t work on the same timetable as the one you’ve seen on Law & Order. It’s much slower, more bureaucratic, and varying based on the kind of offense. Knowing what’s going on over on the other side of that holding cell will help you make better choices from your side.
The Difference Between Cite and Release vs. Full Booking
Arrest doesn’t always mean jail. For lesser offenses, somebody may be ticketed and let go on the spot – no bail, just the promise to appear in court later. In more serious cases, particularly felonies, a person goes through full booking: pictures taken, fingers printed, background checked for outstanding warrants, and personal inventory recorded.
Full booking can take a while. Depending on how many other arrests have been made, it could be anything from a couple of hours to a full day before bail can be posted. That means dashing to the jail as soon as you hear of the arrest isn’t likely to get anything done. But if you know in advance, you can use that time to good effect.
One Thing Your Family Member Should Not Do
Phone calls made from jail are always recorded. It’s important to strictly avoid discussing any details of the case during those calls. If necessary, it is advised to only relay the message that they need to get in touch with their attorney. All discussions about the case or the events surrounding the case should only occur in the presence of legal counsel.
This applies to written communication too. Letters, emails, and even in-person visits can be monitored and documented. It doesn’t matter how careful the wording is or how vague the references are — prosecutors are experienced at reading between the lines. The safest approach is to treat every form of communication from a jail or detention facility as if it is being reviewed by the opposing side, because in many cases, it is.
What To Gather Before You Call A Bondsman
Nearly 70% of those housed in local jails are pre-trial detainees who are officially innocent but too poor to post bail. For those families, a bail bondsman is often the only recourse.
When you contact a bondsman, you’ll have a quicker process if you already know the defendant’s full legal name, date of birth, the booking number if one was given, and the specific location of the jail. Without this information, no bondsman will be able to get the process started, no matter how cooperative they may be.
That 10%-ish premium isn’t returned to you – it’s the cost of the bond agent guaranteeing the full amount of bail to the court. Similarly, the indemnitor (person signing the bond) assumes the financial risk if the accused doesn’t appear in court. Collateral, such as property, may also be required, as part of the bond.
These are genuine financial commitments, and the contracts aren’t straightforward. For families to whom English is a second language at best, the danger of signing something you don’t comprehend is very real, and very risky financially. A spanish speaking bail bonds service for example, is not an optional extra in those circumstances: it’s a critical safeguard against you signing a ruinously expensive contract in the heat of the moment.
How Bail Actually Gets Set
Before the arraignment process, whereby a judge announces the charges and considers bail, the family might explore if bail can be posted in advance. In some cases, there is a bail schedule – a list of pre-set amounts for specific offenses – in the county where the arrest occurred. If payment can be easily facilitated through a transfer, this can be done before arraignment, thereby cutting days or even weeks off the process.
The family can also ask the attorney to explore a bail reduction hearing, at which the defense can advocate that bail was set disproportionately high relative to the actual flight risk and circumstances. If successful, this will result in a lower, more affordable amount. If particularly advantageous, it could make the difference between having to hire a bail bond company at a 10% interest rate to post the bail amount or paying cash up front. This becomes more important with schedules as these are often calculated to err on the side of caution.
Keeping The Defendant Stable While The Legal Process Moves
Bail is important not because it is the only key to freedom. It’s that it’s the key to even being in a position to meet with your attorney, gather documents, locate witnesses, and participate in your defense. A defendant who is in a cell can’t do any of those things.
We have constitutional rights to a speedy trial and effective counsel. They’re meaningless unless you have the keys to a cell. The first 24 hours are pure chaos that will do you no good. So get and stay quiet, gather information, protect your family member’s right to silence, and work the problem in order. A booked individual will not generally be free to leave with or without bail for 24 hours anyway. Spend that time as best you can. The legal process is slow enough that a few hours of clear thinking will serve you far better than hours of panic.
