What to do if you or a loved one has been arrested.

Getting through this.

Being arrested or the target of an investigation is a frightening thing. It is even worse if your loved one is in jail during the proceedings. The world seems upside down. If this is your first experience with law enforcement it may even more disturbing as you find out that be treated innocent until proven guilty is often a myth. Below you’ll find some advice that will hopefully make this process proceed as smooth as possible.

  1. Remain silent.

    Regardless of your situation, the best piece of legal advice that you can get is to say nothing. Silence is golden. I cannot emphasize this enough. Do not attempt to explain away the situation of behalf of yourself or another. Anything, and most likely everything said, will be used against you or your loved one. So again, it is very important: don’t say anything!

  2. Beware of deals.

    Secondly, be very wary of any promises of leniency that are made in exchange for cooperation. Often times, these are false promises that are made by someone who does not have the authority to make them. This is one area in which an experienced attorney should be involved to work out the details. (Hint: if the law enforcement officers state that they will not make a deal if an attorney is involved, you can almost be guaranteed that there is really no deal in the first place).

  3. Post bail.

    If a loved one has been arrested and bail is available, there is a brief explanation on this site on how it can be posted. If it is within your means, it is a way to get your loved one out of custody which could allow them to better work with the attorney during the proceedings. If you are unsure whether bail is an appropriate investment in any particular case, please call my office to discuss details so you can make an informed decision.

  4. Get a lawyer. Now.

    Finally, and most importantly, consult an experienced attorney as soon as possible. Whether you call my office or another attorney is not of importance. What is important is to quickly get someone who will aggressively work to protect your rights. Being charged with a crime is not the same as being guilty. However, the District Attorney’s Office has a staff of full-time attorneys who do nothing but prosecute. They are not paid to be sympathetic or to see things from your point of view. There is only one person in the entire Criminal Justice System who is there to look out for your rights. The sooner you get them on your side, the better.