My Husband Was Arrested And I Am Overwhelmed, What Exactly Do I Do Next?
What To Do When Your Husband Gets Arrested
Having a loved one or a friend get arrested is tough to deal with. But when it’s your husband and the burden of getting things sorted out falls on you it can be especially tough.
We have assembled a list to help you navigate each step.
If you are with your husband during the arrest:
Behave appropriately around the police. Do not behave in a way that will make it worse. Do not curse at or speak rudely to the police officers.
Ask the reason for the arrest. Confirm that your husband is actually under arrest. The police may simply want to question him. If the police do not have a reason to arrest your husband, they cannot hold him for questioning for a significant amount of time. If you think that the police don’t have a reason to arrest, tell your husband to ask whether he is actually under arrest. Also, ask whether or not he is free to go. If the police cannot make an arrest, they have to let your husband go.
Stay calm. If you think the arrest is due to a misunderstanding, calmly explain the circumstances to the officer. If they do not respond the way you would like make sure you remain calm.
Get the name of the charge. look it up in your state’s penal code.
Find out where your husband will be booked. Politely ask the police where they will take your husband for booking.
What if you are not there, but get a call from jail?
Inform your husband that the call is likely monitored. He should not say anything to you that he does not want others to know. Your husband should only offer the factual information such as where he is being booked and under what charge.
Ask what the charge is. Tell your husband not to speak without a lawyer present.
Explain an illegal search. The Fourth Amendment states that law enforcement cannot search people’s property without probable cause and a warrant. Tell your husband to talk to the lawyer if he feels there was an illegal search.
Your husband needs to get a lawyer. If you are present at the arrest, tell him to use his phone call to contact a lawyer. If he used the call to contact you, you can assist in finding a lawyer. Contact your local bar association and ask for a referral.
Tell your husband he has the option for a public defender. Your friend has the right to have a lawyer represent him or her even if the friend cannot afford one. You can tell your friend that the judge assigned to the case will appoint a public defender. He should still wait for a public defender before speaking to the police.
Follow the lawyer’s advice. Your husbands lawyer cannot share any information that he tells them with outside parties. After hearing the relevant details, the lawyer will offer advice for the best course of action.
M&M Bail Bonds has the experience you need to get out on bail and back to your life. Give us a call (201)441-9088