It happens to just about everyone. A friend, neighbor, or family member is arrested. What do you do?  Here is a guide to a few basic steps, not intended as legal advice, but as a practical plan to help you manage an unfortunate sitiuation.

The first thing to be sure of is that you do not get arrested, too.   If you are at the scene of the arrest, be very calm. Do not interfere in any way, but politely ask the officer where your friend is being taken. Get as much information as possible, including names of the arresting officers, any identifying information  for their vehicle, jurisdiction (are they city, or county or state police, or  what?) and the name of the charge or charges on which your friend is being arrested.  If possible, find out where he or she will be taken  and what  the officers expect will happen next. But be sure to do this when it is convenient for the officers and do it calmly and politely. And write it all down.

Do not rely entirely on the officers, though.  Be sure to follow through, for instance, on when bond will be set, when your friend might be released,etc.

At this stage, you will probably need to decide whether or not to call an attorney. If it is after regular business hours, the best idea is not to just yet.  If the arrest takes place during regular working hours, you  may want to call an attorney you know.  Bear in mind that many attorneys do not practice criminal law and they may refer you to someone else.  Also, bear in mind that a lawyer's time and advice are what he sells. If you take up much of either, you may receive a bill.  But, if your friend has been arrested for many relatively minor offenses, you will probably be able to get him or her out without calling an attorney, at which point the decision is someone else's worry. If it is the middle of the night, Wait Until Morning. Lawyers like to sleep, too. Once a person has been arrested, there is relatively little that can go wrong for a while.

Once you know where to go to spring your friend, it is wise to get together as much cash as you can. The officers will probably be able to tell you how much bond is usually required for the offense, but they may not. If they don't or can't, this is not a good sign.  They will know for simple possession or public drunk or first offense driving under the influence. If they aren't sure, it may be because your friend is in deeper trouble than you thought.

Of course, you may not have the advantage of being present at the time of the arrest. You may be answering a late night phone call and  trying to figure out where your child or spouse is.  The rules are the same: get all of the information you can, including where, why, how much, and most importantly, when.

Sometimes, when a person is arrested, bond may be set more or less immediately. Sometimes you will have to wait until early the next morning or  the end of the day. This is mostly done for the convenience of the system, but it is surprising how often that convenience dovetails with the need of the arrested person to take a small nap and feel better later.  Find out as best you can and then take a deep breath. You are not the one in jail. You are the one who is going to help.

The way to help is usually to post bond. A bond is a sum of money paid as a guarantee that the defendant (the person charged) will appear at some later date to answer the charges against him.


When you learn how much bond is, bear this important principle in mind: Bond posted by a defendant (or his friend or family) will usually be returned  when the case is ended. It is not uncommon for a person to forfeit bond, that is, to allow his bond to pay any fine, but  the money is theoretically returnable. If you choose to hire a bail bondsman, the amount you will have to spend will probably be less, but you will not get the money back when the case is over and it can't be applied to any fine.  A simple rule of thumb is this: If bond is more than you ordinarily spend in two weeks, or  you have to ask more than three people to help you raise the bond,  you may want to talk with a lawyer before posting it. A lawyer may be able to have bond reduced, or he may help you make arrangements to assign the bond, meaning the refunded money will be paid to the lawyer as part of his or her fee. Or the lawyer may tell you to find some more money or let your friend sit a little longer.

Assuming bond is a matter of a few hundred dollars, and assuming you have the money handy, be certain the person who has been arrested understands how much you have spent and that you want it back. Get a receipt. Make copies and keep one in a safe place.  Find out when and where the arrested person has to come back to court. Before you post bond, find out whether or not your friend may be able to spend a short time in jail (like the night that has just ended) and plead guilty for time served. Chances are, this will not be the case, or your friend would not have called you. But there is little harm in asking and you are the one who has to raise the money. In some cases, pleading guilty will have consequences far beyond the amount of punishment. If you or your friend is not certain, it is better to post bond and find out. You can always go back and plead guilty later, but you probably won't be able to go back and withdraw a guilty plea.

If the arrest takes place in a foreign country, your first step is to contact the most responsible local  person you know. Go back to your hotel and ask the hotel manager for advice. Your friend may simply spend the night in a much worse bed than he had planned, or he may be in real trouble. Chances are, things will be much clearer in the morning, but you should remember that many systems and safeguards that are taken for granted here are not guaranteed in other countries. It may not be necessary to contact the Ambassador over a charge of Public Intoxication, but  any arrest that isn't ended in 24 hours should probably be discussed with some local representative of your home government.

All of these principles can be changed or influenced by a few minor-seeming details.  This guide is not intended to serve as legal advice or to substitute for such advice from a qualified attorney in the jurisdiction of the arrest. It is intended to provide a broad outline to follow while you decide whether or not to consult an attorney. I hope you never need to follow it, but if you do, I hope it helps you to remain calm and organized, for these are the keys to almost any situation.

Please be sure to see my other guides and reviews.  You may also want to chek out my eBay  Blog: All Over the Map.

Thanks and Let's be Careful Out There,
Wentworth Tradd