Summary:
When a loved one is arrested, it’s critical to stay calm, gather key details, and begin planning how to support them. Understanding the legal process, helping secure a lawyer, and exploring bail bond options can ease the stress and speed up their return home.
- Stay calm during and after the arrest to avoid making things worse.
- Get key info: the arresting agency, charges, and where they’re being held.
- Wait for your loved one to call – you likely can’t reach them first.
- Help connect them with a criminal defense attorney.
- Explore bail bond options to help them exit pre-trial custody affordably.
Unfortunately, arrests aren’t usually something that you can plan for. When a friend or loved one is arrested, it often comes as a total shock – or at least a very unpleasant surprise.
Many people find themselves asking, “What should I do after a loved one gets arrested?”, and that’s a totally understandable response. Unless you have past experience with the legal system, it’s very hard to know what to do and where to start.
So, after a friend or family member is arrested, what should you do when your loved one’s in jail? How can you help, and what areas of support following an arrest are the best places to focus your time and effort?
Securing a bail bond to help a loved one exit pre-trial custody can make a huge difference. Bail Hotline offers 24/7 bail bond service, making it easier for your friend or family member to exit custody and return home. Find a local Bail Hotline office to get the process started.
As important as securing bail and helping a friend or family member leave pre-trial holding is, it’s one of many things you can or should do when a loved one is arrested. Here’s a simple guide to helping a loved one after an arrest.
What to Do When a Loved One is Arrested & What Not to Do
Do: Understand the Arrest Process and What Happens After
When someone is arrested in California by local or state police (the California Highway Patrol), they are generally taken to a local jail or similar facility. Shouse California Law Group explains that CHP does not maintain its own jails except for a single facility in Sacramento.
If you’re present at the arrest or learn about it soon after, you can be fairly confident that your loved one is in a local jail. In counties with many jails, they are likely the main intake facility. If your loved one makes their phone call while in custody to let you know they were arrested, be sure to ask where they’re held before they end the call.
After an arrest, Californians in pre-trial holding have certain rights. Remember, an arrest is not the same as a conviction – recently arrested people are still innocent in the eyes of the law. One of the most important rights is that the arraignment hearing must happen within 48 hours, excluding weekends and holidays.
At the arraignment hearing, the judge asks for the defendant’s plea. If the defendant pleads not guilty, the judge will determine bail. In some cases, defendants are released on their own recognizance (OR) and do not need to pay bail. In other cases, bail or a bail bond must be used to gain their release.
Want to learn more about the larger court process in the state of California? The Judicial Branch of California offers a step-by-step guide to court cases that covers everything from charges being filed to what happens after sentencing.
Don’t: Get Emotional or Argue with Law Enforcement
This is some of the best advice for how to support a family member who’s arrested: If you are present at the arrest, resist the temptation to argue loudly or escalate the situation.
You might be certain that the arrest wasn’t fair or legitimate, but you likely won’t change the mind of the officers. But you could make things more difficult for your loved one by revealing information about what just happened or, in extreme cases, face charges yourself.
Instead, calmly ask the police officers on the scene which agency they work for, the specific criminal charge or charges, and where your loved one will be taken. Also note the time of the arrest – this can be valuable information for the criminal defense attorney your loved one works with.
Do: Help Get Your Loved One a Lawyer
In many cases, a criminal defense lawyer is an incredibly valuable asset for your loved one. This lawyer’s work starts before the arraignment and continues through sentencing (if the case reaches that point) and beyond.
Remember, your loved one can choose to work with a private attorney or a public defender if they can’t afford other representation. We don’t recommend specific attorneys, but looking for a criminal defense attorney with experience related to the charges your loved one faces is a great place to start.
Don’t: Try to Call Your Loved One in Jail – Wait for Their Call Instead
Can you call a loved one who was just arrested? In most cases, you can’t. So, it’s a waste of time and a source of frustration to try. However, an outgoing phone call made by an arrested person to a contact is normally part of the intake process.
So, if you know a loved one was arrested and will likely call you, make sure your phone is charged and your ringer is on. You can get details from them about the arrest, ask if they want you to start looking for an attorney, and discuss options for bail.
Do: Start Looking into Options for Bail
Defendants have to wait for their arraignment to exit pre-trial custody on bail. But, with a short timeline required between arrest and arraignment, it can only help to start deciding on options for bail.
Paying bail directly eventually means getting your money back or releasing the lien on the property used as collateral, as long as the defendant meets all of the requirements set by the court. However, that process could take months or even years to play out. In the interim, though, that money is locked away, or the lien is active.
Working with a bail bond agent means only paying 10% of the full cost of the bond with no further obligations. They’re a popular choice for people who can’t afford to part with the full amount of bail for months or years, and payment plans that stretch the cost out over time make this option even easier to manage.
Bail Hotline offers fast, compassionate, and professional service across California. Find a local Bail Hotline office to help your loved one return home!
