Oh No! My Loved One Was Arrested...What Do I Do?

This is a scenario that no one wants to find themselves in, but it unfortunately does happen. So your loved one is being/has been arrested, and you're trying to figure out what to do. Here are a few things to keep in mind and be aware of in the early stages of what appear to be likely criminal charges.

1. Don't interfere with law enforcement. If law enforcement is going to arrest someone, either on a warrant or because of conduct that they've been made aware of through an investigation, there is nothing that you can do to stop this. Don't hide a person that law enforcement is looking for, as that can be Obstructing a Peace Officer or Aiding and Abetting a Fugitive. Don't get in the middle of an arrest, as that can be Resisting Arrest or Obstructing. Let the arrest happen, and then deal with it after the fact. If you get in the middle of the situation, you can only make things worse, both for your loved one and for yourself.

2. Don't make statements to law enforcement, and advise your loved one not to either. I can't even tell you how many of my cases are proven largely by my client admitting to violations of the law, or by family members making statements that end up being harmful to my client. So the best course of action is to keep your mouth closed, and to advise your loved one being arrest to not make any statements either.

3. Hire an attorney as soon as possible. This should go without saying, but having an attorney involved at the earliest stages of a criminal case is important. Bond is set by the Court, and it's always helpful for the defendant to have an attorney to make a bond argument on his/her behalf. If there is no attorney involved, the defendant has to provide information to the Court directly, and could mistakenly make statements that can later be used against him/her. So the involvement of an attorney early on is important.

4. If the defendant can't afford an attorney, request a public defender as soon as possible. In most of the areas where I practice law, the public defenders are extremely qualified and excellent attorneys. So if a private attorney isn't in the cards financially, applying for the public defender is the next best option. And not delaying this application means that the public defender can begin working on the case as early as possible.

5. But don't think that a hired attorney or a PD can get a defendant out of jail in the middle of the night or on the weekend. In some low level cases, bonds are set by a schedule adopted in advance, so that people can post bonds and get out of jail right away. But for felonies or higher level misdemeanors, there aren't bond schedules. And it isn't required that defendants be brought before the Court for a bond setting until 48 hours. It simply isn't realistic to expect hired attorneys or PDs to be able to get defendants out of jail in the middle of the night or on weekends. Often we don't have the judge's cell phone number. And if we do, it won't do any good to make a call, as they're not going to set bond after a telephone call from one attorney. A hearing has to occur, where both the State and the defendant can make bond arguments. So don't expect middle of the night or weekend results. And don't buy into the hype from lawyers who tell you that they can achieve middle of the night or weekend results.

6. Be patient. I know that this is exactly the type of thing that people don't want to hear when their loved one has been arrested. But it's probably the single most important piece of advice. The wheels of justice turn slowly. Dismissals usually don't happen at the first hearing; and trials aren't immediate. It takes time to get discovery (police reports, photos, recordings, etc.) and plea offers. And it takes time for a criminal defense attorney to review this information and discuss it with a defendant. So even though it's terribly difficult, be patient.

Who's Who?! Simplifying the Roles of People Involved in Court

Sometimes it's pretty confusing trying to sort out who's who, and who does what in the court system and the justice system. This post isn't meant to be exhaustive, but simply a quick guide. If you have additional questions, please do not hesitate to contact us (or your own attorney if you're already represented by one).

Judge: The judge is an attorney licensed in the state. He or she is appointed by the Governor and then up for retention election in the district in which he/she serves. There are two types of judges that people commonly come into contact with, District Court Judges and County Court Judges. They each handle cases filed in their respective courts (District Court or County Court). The judge oversees jury trials, decides bench/court trials, and oversees and decides any other types of hearings that may be held. In addition to the judges in the District Court and County Court, there are also judges who serve on the Court of Appeals, Supreme Court, and Worker's Compensation Courts.

County Attorney: This is the prosecutor. He or she is a licensed attorney and is an elected official, although the county's board may appoint individuals to fill a term. He/she brings charges against people who have allegedly committed crimes. They also handle juvenile cases and file petitions and make allegations in these types of cases. The County Attorney also handles child support enforcement cases, other types of civil cases that may involve the county, and advises the county.

Deputy County Attorney: This is a licensed attorney that is hired by the County Attorney. He/she has any powers delegated by the County Attorney.

Public Defender: This is a licensed attorney and an elected official (although the county's board may appoint individuals to fill a term). He/she handles criminal defense work for those individuals who are indigent and cannot afford to hire an attorney of their own. Public defenders handle misdemeanors and felonies, and frequently are also contracted to handle juvenile delinquency cases as well. Public defenders represent their clients at no charge to the client. The county pays the public defender either through a salary or a contract.

Deputy Public Defender: This is a licensed attorney that is hired by the Public Defender. He/she has any powers delegated by the Public Defender. Deputy public defenders represent their clients at no charge to the client. The county pays the deputy public defender either through a salary or a contract.

Court Appointed Counsel: An individual licensed attorney can be appointed by the judge to represent an individual in a particular case. Court appointed attorneys are often appointed in criminal cases where the public defender has a conflict of interest, or in counties where no public defender's office exists. They are also appointed frequently to represent parents or juveniles in juvenile cases. Court appointed attorneys are paid by the county at no charge to the client.

Guardian ad Litem: This individual is appointed by the court and is a subset of Court Appointed Counsel. He/she represents the best interests of the client. This differs from the role of the person's attorney in that the attorney represents and pursues the stated interests of the client. The Guardian ad Litem, also known as a GAL, is generally paid for by the county at no charge to the client. However, in adoptions, custody cases, and guardianship cases, if the parties have the means to pay for the GAL's fees, the court sometimes requires reimbursement.

Privately Retained Counsel: An individual licensed attorney who is hired and paid for by the client. This occurs in all manner of civil, juvenile, and criminal cases, as well as situations that may not result in litigation in court.

Attorney: An individual who has attended law school and is licensed to practice law in a particular jurisdiction. Attorney is synonymous with lawyer.

Lawyer: An individual who has attended law school and is licensed to practice law in a particular jurisdiction. Lawyer is synonymous with attorney.

Bailiff: An individual who works for the judge and/or court system. He or she manages the judge's calendar and sets hearings, works with the attorneys, does dictation, prepares drafts for the judge, and similar types of clerical duties. This individual is not a licensed attorney, but is often very knowledgeable about the court system and the judge's preferences.

Magistrate: This individual is appointed by the presiding judge of a jurisdiction. He or she is not a licensed attorney, but may act in the role of a judge in certain limited proceedings, such as arraignments and bond setting. Their ability to handle certain types of hearings is controlled by the presiding judge of the jurisdiction and rules. The individual also oversees the County Court clerks and court staff.

Clerk: This term is a bit amorphous. In some counties it means the same thing as a bailiff. In other counties it refers more to the people who work in a front office, receive and copy pleadings and oversee the general workings of the court system.

Court Reporter: An individual who records verbatim what is said and prepares transcripts of what is said. Some court reporters are employed by the courts and handle court hearings, while others are freelance and handle depositions. This person is not a licensed attorney, but is required to obtain certification in court reporting.


I hope that this brief primer on the individuals involved in the court system has been helpful in sorting out the 'who's who.' Again, if you have questions, I would encourage you to reach out to your own attorney if you have one, or to our office.