3 Steps To Take When Your Spouse Has Been Arrested And Is In Jail

Getting a phone call from your spouse saying that he or she has been arrested and is in jail can be alarming and upsetting. How you react can make a big difference in the legal outcomes that your spouse experiences. Take the following steps if your spouse has been arrested:

Avoid Asking Too Many Questions

You most likely will want to know what is going on and how your spouse ended up in jail, but during the initial phone call, it is a good idea to avoid asking your spouse a lot of questions. Many jails record phone calls, so the last thing you want is for your spouse to accidentally incriminate him or herself while speaking to you. Save the questions for after your spouse is released from jail and you can speak privately.

Hire a Criminal Defense Attorney

If you spouse is facing criminal charges that are serious enough to land him or her in jail, a criminal defense attorney is a good investment to make. Hiring an attorney as soon as possible will ensure that your spouse's lawyer will be able to interview your spouse about the events leading up to the arrest while the memories are still fresh, and it will also give the lawyer ample time to prepare the case before the first court appearance.

Bail Your Spouse Out of Jail

In most cases, you will not be able to bail your spouse out of jail until after he or she has seen a judge and bond has been set. The bond amount typically depends on the charges, a person's past criminal record, and their flight risk. If you have enough cash on hand, you can go to the jail and pay the bond amount.

Unfortunately, bond amounts can sometimes be quite high and you may not be able to pay the amount in full. If this is the case, contact a local bail bond company. When you use a bail bond company, you will be responsible for paying a small percentage of the bond amount, and the bail bond company will put up the rest so your spouse can be released from jail. Typically, the money you pay to the bail bond company is non-refundable. 

If you use a bail bond company to help get your spouse released from jail, it is imperative that he or she attends all scheduled court appearances. In the event that he or she misses a court date, you will be responsible for paying back the bail bond company the full bond amount that they put up on behalf of your spouse.