David E. Stanley APLC

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(225) 306-8881

David E. Stanley APLC

What Steps Should I Take If I Get A Midnight Call From A Spouse Or Child Telling Me That They Need My Help Because They Have Been Arrested And Are In Jail?

A. First, be prepared to listen carefully to your loved one, write down important information, and ask important questions. Resist the urge to yell at, criticize, or argue with the person during the telephone call and while they are in jail.

If you are financially able to do so, quickly tell them that you are going to retain an attorney for them. If law enforcement agents try to question them, tell them to tell the agents that they want a lawyer and they are not going to answer any questions without their lawyer present. Tell them that they should then remain silent, and not to answer any questions from law enforcement agents about the incident, without their lawyer present with them, they should not to make any voluntary statements to the police about the incident without their lawyer present, and not to sign any documents waiving their legal rights.

To assist you in retaining counsel and talking to a bail bondsman, you need to ask them the following questions and carefully write down their answers:

  1. The name of the jail, prison or detention center where they are currently being held and, if they are going to be transferred to another facility for booking, the name of the facility to which they are being transferred;
  2. What specific crimes have been charged, including the statute numbers if known, and how many counts of each crime have been charged;
  3. Where did their arrest occur (i.e. city and parish);
  4. What law enforcement agency made the arrest (i.e. State Police, Sheriff’s Office, or City Police)
  5. Has a bond amount been set? Is so, what is the amount of the bond?
  6. The current location of their vehicle.
  7. Have they currently impaired by alcohol or drugs because, if so, you want to make sure that someone will pick them up when they bond out and they will not be attempting to drive home in an impaired condition.

Next, call an experienced criminal defense attorney. An experienced criminal defense attorney will be able to find out the exact charges you loved one was charged with during booking, whether bond has been set, and the amount of the bond. He can also explain to you the different alternative methods for posting bond and the advantages and disadvantages of each method. If you are unable to afford the amount of the bond, your attorney can assist with attempting to have the bond lowered to an amount that you can afford, although your loved one will most likely remain in jail until the Judge or Commissioner lowers the bond. At David E. Stanley, APLC, we accept calls for legal assistance around the clock, 24 hours a day, 365 days a year. It only takes one call to (225) 306-8881 to get help!

Lastly, if you do not wish to retain an attorney, or you cannot afford to retain an attorney, telephone a bail bondsman of your choice. You can find the contact information for bonding companies either on line or in the yellow page of your telephone book. Provide the bondsman with your loved one’s full, name, address, and date of birth and all of the information you loved one provided to you when they called. Ask them to:

  1. Determine if bond has been set for your loved one and, if so, the amount of the bond.
  2. Tell you the amount the bonding company will charge for the bond premium and the methods of payment that they accept.
  3. If you are able to pay the bond premium, make arrangements to go to the bonding company office to pay the premium and ask the bail bondsman to handle posting the bond and getting your loved one released from jail. Be sure to bring with you the necessary method for paying the bond premium. You will not get the money you pay to the bonding company for the bond premium back.

About the Author If you have been charged with a federal or state felony crime,
Attorney David Stanley works tirelessly to protect and
defend the legal rights for you.