If your partner has been recently arrested, it's common to feel overwhelmed and scared. You may not know what to do or what legal options are available.
It is essential to recognize that there are steps you can take to help their case off the bat. One of the most vital aspects of building a comprehensive defense to any criminal charge is to retain skilled legal representation. Our award-winning defense attorneys can immediately get to work on your significant other’s case and identify all possible avenues toward mitigating or eliminating the charges that have been filed from day one.
Remind Them of Their Right to Remain Silent
First, when your significant other has been arrested, reminding them to exert their Constitutional right to remain silent is essential. They should not talk to law enforcement about the details of the situation leading up to the arrest, the case, or any elements adjacent to it.
This is one of the easiest ways the legal system can trip people up following an arrest. Remember, many law enforcement officers wear body cameras that continuously record everything being done and said, including any possible statements someone might make in the period surrounding and following their arrest, as well as afterward. Even a seemingly harmless statement could be misconstrued and used against the accused later, so exerting the right to silence is imperative.
Posting Bond
Next, your focus will be to get your significant other out of jail following their arrest. Once your spouse or partner has been processed and booked, for most crimes, there will be standard bonds that you can post for them using a bail bondsman. A bond is an agreement a defendant makes following their arrest to secure their release from jail.
The bail bondsman will cover the cost of the defendant’s bail for a specific fee and ensure that the defendant later appears in court and follows through in paying off that debt. Some crimes, such as domestic violence offenses, are considered nonbondable until the defendant appears before the magistrate judge.
Encourage Them to Contact a Lawyer
After helping your significant other post their bond, reiterate that they should exert their right to remain silent and contact a lawyer as soon as possible. The state’s attorney will already be working tirelessly to investigate the evidence against your partner and build a case against them.
Anything your significant other can be used against them. That extends to phone calls in jail and discussions with inmates. Discussing some aspects of the case, such as the bond, could be problematic. Discussions with your partner while in jail are essential, but you should never discuss anything related to the case.
The Importance of Hiring an Attorney
Another vital step after the arrest is to procure legal representation. An expert attorney can ensure that the case gets the attention it deserves from the beginning, including in the pre-file phase before the state attorney’s office has even formally filed charges.
A defense lawyer can evaluate all case details, assess the legal options available, and identify any critical elements that need to be addressed. A public defender only steps in after charges have been filed, but a private lawyer can get to work from day one. Because a private lawyer can handle the pre-file investigation to gather information and critical evidence, in some cases, the attorney can stop charges from being filed altogether. In other situations, seeking a reduction or downgrade of the charges to a lesser offense may be possible.
From communicating and negotiating with the state attorney’s office, handling court appearances, and filing pretrial motions, a criminal defense attorney can manage all aspects of your significant other’s case. An attorney can turn every possible stone to seek the most favorable outcome to the case both in and out of the courtroom.
If Your Partner Has Been Arrested, Contact Us Right Away
Every case is different, and the most potent lines of defense will come down to the charge or charges your significant other is facing and the specific circumstances involved. Our defense lawyers can launch an investigation into the case against your spouse or partner, even if charges have yet to be filed officially.
Knowing what to do if your significant other gets arrested can be daunting, but we are here to help. Contact our office today to learn more about what we can do for you.