What To Do If You Have Been Arrested

WHAT YOU CAN DO IF YOU OR A FAMILY MEMBER HAVE BEEN ARRESTED.

Once someone has been arrested and taken into custody, the next major thing that will happen is that either charges will be filed, or the district attorney can decline to file charges. If charges are not filed, then the person will be released. However, more often than not after a person is arrested and the charges are filed.

There are three things that can happen next:

They may be released on their own recognizance
They may be held until they post an amount of bail
They may be held without the possibility of bail

Immediate steps that can be taken to get someone out of custody

After an arrest, the person who has been arrested must be put before the court within 48 hours for their first appearance. At the first appearance, one of the primary issues that will be addressed is whether or not that person can be released, or if not, whether there will be bail imposed and if so - how much?

In making this determination the court will consider whether the person is a risk of flight, and whether there is a risk to the community if they are released. The court will also consider the allegations being made, and the person’s criminal history in making those determinations. You are entitled to have an attorney at this hearing so that we can make the arguments to get you or your loved one out of custody while the case is pending.

In some cases, bail may be an option before the court date - but that amount is subject to change at the hearing. You have options, you can pay the bail to get your loved one out immediately, or wait to go to court with your attorney where we may be able to get them released without you needing to pay anything at all, or at least have the amount lowered. Some people may appreciate the option of being able to get their loved one out immediately, but some may want to wait so that they are not out additional money that they would not have needed to pay. There are no wrong answers - it only matters what is right for you.

What we can do to get you out of custody

If you or a loved one has been arrested, we can walk you through all these possible next steps so that you can make the right decision; as well as help you navigate the jail system and bail so that you understand exactly what is going on, and what the next steps are.

We know the law when it comes to release. We will work tirelessly to get you or your family member released. Our first priority will always be to have our client released on their personal recognizance, and if that is not an option then to get the bail amount as low as possible. We have gotten clients out of custody, released on their own recognizance, even in cases where the district attorney argued that the crimes were so severe they should be held without the possibility of bail at all. We are up for this fight with you. Getting yourself or your loved one out of custody while the case is sorted out is the first battle in this fight.

If you need help getting someone out of custody, we can help. Contact us here so we can get started now.

AFTER I GET OUT OF JAIL WHAT NEXT?

First, follow the rules

Even if you are released on your own recognizance, there will be conditions of release. Conditions of release are rules that you need to follow in order to stay out of jail while the case is pending. If you violate those conditions, you risk being taken back to jail. Some conditions will be simple - such as don’t commit a crime. Some you may find to be more frustrating or difficult. A common condition that many people struggle with is abiding by a no contact order. Read more below so you don’t make that mistake.

Do not violate any no contact orders

If a no contact order has been issued restraining you from having contact with someone, here is what you need to know:

You are the only person restrained from contact. The protected party could contact you repeatedly with no repercussions, it is on you to refuse to respond.
The protected party does not have the power to allow the contact - only the court does. The protected party may petition to change the order, but a court must grant it.
No contact means no contact. Not in person, by phone, electronic means, or even relaying a message by a third party.
It is extremely common for the protected party to invite contact, and for people to give in and violate the order. Remember that all it takes is for that protected party to change their mind, or someone else to find out about it, to send you back to jail for violating conditions, or even get you charged with a new crime for doing so.

Prepare for court

Upon your release, you will be given a court date. Don’t wait until the last minute to consult with an attorney; getting someone onboard early could be a game changer in your case. If charges have been filed, you will need an attorney to represent you in court. If charges have not been filed yet, we can help stop them from filing them.

What if the person is still in custody?

The process is the same, but the upcoming court date will be sooner than someone who is out of custody, and therefore the decision on whether or not to file the charges will be made more quickly.

HAVE CHARGES BEEN FILED?

After an arrest, the district attorney still has decide whether or not to file the charges - and what those charges will be. Sometimes that decision is made quickly while you are still in custody. Sometimes, you may be released with some time until your next court date - and in some cases a filing decision will not be made until right before your court date.

IF CHARGES HAVE NOT BEEN FILED, SHOULD I HIRE AN ATTORNEY?

At Claire Highland Law, we do take on cases that have not yet been filed in order to help our clients stop the filing of the charges and walk away without any criminal record. We can advocate on your behalf with law enforcement and the district attorney so that your case will not be filed. Every case is different, but we have had great success in stopping the filing of cases, even with the most serious of charges. When to hire an attorney is a personal decision; by scheduling a free consultation we can help you understand what the best option is for your case moving forward, and what is possible in your case so that you can make the best decision for your future.

To schedule a consultation, click here.

IF I AM ONLY ARRESTED AND NO CHARGES ARE FILED - DOES ANYTHING SHOW UP ON MY CRIMINAL RECORD?

We can help you clean up you record. The process required for you to do so is different depending upon what stage your case went to. If you were only arrested, and no charges were filed afterwards, the process you will need in California is a certificate of detention. A sealing can also accomplish this in both Washington and California.