Arrested?

You or a member of your family was arrested.  Now what?

When will the member be released?  How much will it cost?

Will the family member be able to come home?

Does he get 1 phone call?  What happens next?

Arrest is a scary thought.  A person is suddenly brought to a facility and locked in a room.

Credit: Chris Frewin (Creative Commons BY NC ND)

The arrested person loses control of the situation: the jailers are in control. There is no way out unless certain processes are followed.

We have all seen on TV that when a person is arrested, the person gets one phone call.

This is not necessarily true.  Most arrested persons get as many phone calls as the person wants or needs.  There are phones in the cell and at the jail. The arrested person can let you know what the charges are and when the bail hearing is.

I should point out that most jails only allow arrested persons to make collect calls.  Many cell phones do not accept collect calls.

Within 24 hours of being arrested, your family member will have a bail hearing.  In Arizona, these hearing usually take place in less than 12 hours.

Your family member has the right to have counsel appear for him at the bail hearing.  After the bail hearing, your family member will be released pending the posting of a bond, released with certain release conditions, or released on his own recognizance, or not released due to circumstances.

It is very important that the release conditions be read, understood and followed.  Failure to follow the release conditions can result in the family member returning to jail.

If an arrested person has to post a bond in order to be released, then family or friends will have to bring that amount of money to the jail to have the person released.

Posting Bond: What You Need To Know

Often times on TV we hear that you only have to post 10%.  That is not true.  If you use a bond company, your fee will be at least 10% of the bail – but you still have to post sufficient property to cover the entire amount. When the case is over, you can get your bond money or property returned (but not the 10% if you use a bond company).

Photo by Harvey K via Flickr Creative Commons

When a member is ordered released, either by the Court or after posting bond, the process can take many hours (18) for your family member to be released.  There are pay phones at the release area for your family member to contact you to come get him.

How can we help?  We can go to the Court to ask the Court to reduce the bail amount, or modify the release conditions. If the release conditions state that the arrested person is not to return to the scene of the crime, and if the crime happened at home, the arrested person cannot go home.  We can ask the Court to amend this.

Finally, an arrest is not a conviction.  It is still important to fight the charge.  We will do everything in our power to ensure your family member is protected.

Call us for help – you don’t want to navigate these waters by yourself.

G. David DeLozier, P.C., law firm; phone 602-464-9666; website: www.gddpc.com; email: david@delozierlaw.com.

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