How To Support a Loved One Following Their Arrest

No one wants to receive a phone call from a loved one in jail, but knowing what to do can help relieve some of the stress of the situation. Your loved one will need your help and support for the first hours following the arrest. Here’s what you can do from the outside.

Information Gathering

Bail won't be set immediately following arrest, so you will have some time to gather information to help you through the process.

Stick to the Basics

The phone call will either come directly from your loved one or an officer will make the call after booking. Do not ask for more information other than the basics, regardless of who calls, as anything said could be used against your loved one in court.

The only information you need is the charges they were arrested on, where they are being held, and when the arraignment or bail hearing will be held. If your loved one tries to say more, simply inform them to wait until they have a lawyer present.

Determine Immediate Needs

Your loved one may have immediate needs that must be attended to, such as access to necessary medication or a court-appointed advocate if they suffer from a disability or mental health condition. It is up to you to find out the procedures for getting medications and support for them while they are being held; otherwise, they may be forced to go without needed items until their bail hearing.

Contacting a lawyer is a good idea at this point. They can help you get medications and other necessities to your loved one as quickly as possible. Further, legal counsel can ensure that neither you nor your loved one accidentally say anything that could affect their case. 

Plan for the Bail Hearing

The bail hearing is also called the arraignment. Minnesota law gives the right of bail to all citizens, and judges must set bail according to specifications set by the state supreme court. Options include release without bail, release with bail, release dependent upon certain conditions, or a combination of the latter two.

The amount of bail is based on the severity of the crime and whether the defendant poses a flight risk or a safety risk to themselves or others. Often, bail amounts can be accurately estimated prior to the actual hearing, so you can begin planning how to procure the necessary funds before you need to provide payment to the court.

Release Support

Your loved one will be limited in what they can do from jail to secure their own preliminary release, so they will likely need outside help from you.

Estimate the Bond Amount

Contact a bonds agent as soon as possible following the arrest, after you have the basic information on the charges. The bonds agent will immediately begin communicating with the court, as they will need to be present to present bail at the time of the arraignment.

Bail amounts are limited in Minnesota by law, which allows the bonds agent to provide an estimate of the bond they will need prior to the actual hearing. For example, the maximum possible bail for a gross misdemeanor is allowed to be no more than double the highest fine the misdemeanor can demand under the law. 

Contact a Bail Bonds Agent

If you don't have the cash on hand to pay the possible bail amount, then you will need the help of a bond agent. The court system can provide you with a list of approved bond agents within the state of Minnesota, which can help simplify your search if you aren't sure where to begin. Your loved one will need you to co-sign on the bond as the responsible person, as they will be unable to do so.

You may need to provide the bond service with collateral in order to secure the bail, depending on your financial situation, the severity of the charges, and the bond agent's assessment of the flight risk your loved one poses. The bond process will go more smoothly at the time of the hearing if you fill out the paperwork and secure the bail ahead of the arraignment. 

Follow All Conditions

There are two sets of conditions that may need to be followed after your loved one is released to await further proceedings. The first may be mandated by the court as a condition of release. These can include but aren't limited to travel restrictions, at-home monitoring, no-contact orders, and mandatory drug testing. Failure to follow any of the conditions of bail can result in a warrant being issued and the bail money being forfeited, so it's in your best interest to ensure your loved one follows them.

The bonds agency may also have conditions in place to help protect their interest in providing bail. These are typically simple check-in requirements, which are designed to ensure that your loved one intends to show up for all required court appearances. Depending on the agency, they may be able to fulfill check-in requirements in person, over the phone, or via an online portal. 

Contact Absolute Bail Bonds if your loved one has been arrested and you need help covering their bail.