Post-Arrest Family Action Plan

The First 2 Hours

Take a breath. What you are feeling right now — the shock, the fear, the confusion — is completely normal. Every family goes through this.

Here is what is happening to your loved one right now and what you can do.

What is happening to them

After arrest, the booking process begins. This includes fingerprinting, photographs, and entering their information into the jail system. Booking typically takes 2 to 6 hours depending on the facility and how busy it is. During this time, they cannot receive calls or visitors.

It is normal not to hear anything for several hours. This does not mean something is wrong — it means the system is slow.

What you can do right now

• Do not call the jail repeatedly. It ties up their phone lines and will not speed anything up. Call once to confirm they are in custody and ask when they will be available for a phone call or visit.
• Write down what you know. The date and approximate time of arrest. The location. Which law enforcement agency was involved. Any charges mentioned. You will need this information later.
• Do not discuss the case on the phone. Jail phone calls are recorded. Every word. When they do call, keep the conversation to logistics — are they okay, do they need anything, when is the hearing. Do not ask what happened and do not let them tell you.
• Do not post on social media. Not a status update, not a request for prayers, not a vague post about having a bad day. Prosecutors check social media. Tell other family members the same thing.

Getting Them Out

There are several ways someone can be released from jail after an arrest. The options depend on the charges, the person’s criminal history, and the jurisdiction.

Bail vs. bond — the basics

• Own recognizance (OR release): Released with a promise to appear in court. No money required. Common for minor charges and first-time offenses.
• Cash bail: The court sets a bail amount. You pay the full amount directly to the court. The money is returned when the case concludes (minus any fees), as long as the defendant appears at all court dates.
• Bail bond (through a bondsman): You pay a bail bondsman 10-15% of the bail amount as a non-refundable fee. The bondsman posts the full bail with the court. You do not get the 10-15% back. If your loved one misses court, the bondsman comes looking for the full amount.
• Property bond: In some jurisdictions, real estate can be used as collateral instead of cash. This takes longer to process.

When to expect a bail hearing

In most jurisdictions, a person arrested must be brought before a judge within 24 to 48 hours (excluding weekends and holidays in some states). At this hearing, the judge sets bail conditions or denies bail. For many misdemeanor charges, bail may be set according to a schedule and the person can post bail at the jail without waiting for a hearing.

What you cannot do to speed this up

The timeline is set by the court, not by urgency. Calling the courthouse, the prosecutor, or elected officials will not accelerate the process. The most productive use of this waiting time is researching attorneys.

Finding an Attorney

If your loved one does not already have an attorney, finding one quickly is one of the most important things you can do. Here is how to approach it.

How to find one

• Your state bar association has a referral service — search “[state] bar association lawyer referral.”
• Look for attorneys who specialize in the specific charge type, not just “criminal defense.” A DUI attorney and a federal fraud attorney are very different specialists.
• Ask for a consultation. Most criminal defense attorneys offer a free or low-cost initial consultation.
• Get at least two or three consultations before deciding.

Questions to ask during a consultation

• How many cases like this have you handled in this county?
• Will you personally handle this case or will it be assigned to another attorney in your firm?
• What are the realistic outcomes for this type of charge?
• What is your fee structure — flat fee or hourly?
• What does your fee include? (Some attorneys charge extra for motions, trial, or DMV hearings.)
• How do you communicate with clients — and how quickly can we expect responses?

Red flags in attorney selection

• Guaranteeing a specific outcome (“I can definitely get this dismissed”). No ethical attorney guarantees results.
• Pressure to sign a retainer immediately, before you have had time to consult other attorneys.
• Difficulty explaining the process in plain language.
• No experience with this specific charge type in this jurisdiction.
• Not answering your questions directly or seeming annoyed by them.

Public defender vs. private attorney

If your loved one cannot afford a private attorney, they have the right to a public defender. Public defenders are licensed attorneys, often with significant trial experience. The main concern with public defenders is caseload — many carry 100 to 300+ cases simultaneously, which limits the time available for each case.

If a public defender is assigned, the defendant (not you — the defendant) can still take steps to be an active participant in their defense: organizing documents, preparing questions for meetings, and keeping a communication log.

What NOT to Do

These mistakes are made out of love. They still cause harm.

• Do not discuss the case on jail phone calls. This cannot be repeated enough. Jail calls are recorded and can be used as evidence. Keep conversations to “I love you, I’m here, here’s what I’m working on.”
• Do not post on social media. No updates. No opinions about the charges. No anger at law enforcement. Nothing that mentions the case at all. Tell other family members the same.
• Do not contact witnesses, alleged victims, or co-defendants. Any contact — even well-intentioned — can be construed as witness tampering or intimidation. This can result in additional charges.
• Do not try to investigate the case yourself. Do not go to the scene, interview people, or try to gather evidence. This is the attorney’s job. Amateur investigation can compromise the defense.
• Do not destroy or hide anything. If something might be evidence — a text conversation, a substance, a weapon, clothing — do not destroy it, move it, or hide it. Destruction of evidence is a separate crime.
• Do not pressure them about the plea. Whether to accept or reject a plea offer is the defendant’s decision — not the family’s. Offer support, not direction.

What They Need From You

There are concrete things you can do that directly help your loved one’s situation.

• Clean, appropriate clothes for court. Business casual at minimum. No logos, no graphic tees, no hats. Dark slacks, a button-down shirt or blouse, closed-toe shoes. What they wear to court shapes the judge’s first impression.
• A list of potential character references. Employers, community leaders, teachers, coaches, clergy — people who can speak to your loved one’s character. These become critical if the case reaches sentencing.
• Help organizing documents. Create a case folder (physical or digital) for all paperwork: arrest documents, bond paperwork, court notices, attorney communications, receipts. An organized file makes everything easier.
• Practical support. Managing bills, childcare, pet care, or work obligations while your loved one is dealing with the case. These practical burdens weigh heavily on defendants and distract from their defense.
• Attend court dates. Your presence in the courtroom shows the judge that the defendant has a support system. You do not need to say anything — just being there matters. Dress appropriately, sit quietly, and do not react to anything that happens.
• Emotional support without enabling. Be present. Listen. Do not minimize what happened (“it’s not that bad”) and do not catastrophize (“your life is over”). The truth is usually somewhere in between, and your role is to be a steady presence while they work through it.

Taking Care of Yourself

A loved one’s arrest is traumatic for the entire family. The stress, the shame, the uncertainty, the financial pressure — it is real and it is heavy. You do not need to pretend it is fine.

• This is not your fault. Regardless of the circumstances, the arrest is not something you caused or could have prevented.
• Talk to someone. Not about the case details — about how you are feeling. A therapist, a counselor, a trusted friend. The National Alliance on Mental Illness (NAMI) has a helpline at 1-800-950-NAMI and local family support groups across the country.
• Set boundaries. You can support your loved one without taking on the entire burden. It is okay to say “I need a break from talking about the case tonight.”
• The stress is temporary. Most cases resolve in 3 to 12 months. It does not feel like it right now, but there is a timeline and it does end.

What Happens Next: The Timeline

Understanding the typical timeline helps reduce the feeling that everything is out of control. While every case is different, most criminal cases follow a predictable sequence.

• Arraignment (1-4 weeks after arrest): The formal reading of charges. The defendant enters a plea (usually “not guilty” at this stage — this is standard and does not mean they are claiming innocence. It means “make the prosecution prove it”). Bail conditions may be set or modified.
• Discovery (1-3 months): The prosecution shares their evidence with the defense. This includes police reports, witness statements, lab results, and video footage. The attorney reviews everything for weaknesses, contradictions, and procedural errors.
• Pre-trial motions (2-4 months): The defense may file motions to suppress evidence, challenge the legality of the stop or search, or request dismissal. These motions can significantly change the trajectory of the case.
• Plea negotiations (ongoing): The prosecutor and defense attorney negotiate possible resolutions. About 94-97% of criminal cases are resolved through plea agreements rather than trial.
• Trial or resolution (4-12+ months): The case concludes through a plea agreement, dismissal, or trial. Complex cases or cases in busy court systems can take longer.

Typical timelines by charge severity:

• Misdemeanor: 2 to 6 months
• State felony: 6 to 12+ months
• Federal case: 12 to 24+ months
• Complex cases (multi-defendant, organized crime): 18 to 36+ months

The pace can feel agonizingly slow. Continuances — court dates being pushed back — are common and usually not a sign that something is wrong. If you are concerned about the timeline, one question worth asking the attorney is: “Is this pace normal for this type of case in this county?”

Questions to Ask the Attorney

If your loved one has authorized you to speak with their attorney (attorney-client privilege belongs to the defendant — the attorney cannot share case details without their permission), these questions can help you understand the situation:

1. What are the charges and what are the potential penalties?
2. What is the realistic range of outcomes for this type of case?
3. What is the expected timeline?
4. Are there any immediate deadlines we need to be aware of?
5. What can the family do to help the defense?
6. Are character reference letters needed at this stage?
7. Are there diversion programs or alternative resolutions available?
8. What should we expect at the next court date?
9. How does your billing work and what is the estimated total cost?
10. What is the best way to communicate with you — and how quickly can we expect responses?