The Monkey Attacked Me

One girl's struggle against the bizarre.

Wednesday, June 21, 2006

Who you gonna call?

Do you know who you will call when you get arrested?

I have my people lined up depending on what city it is. The only problem is that some people just don't answer their phones when you call. How does that one phone call thing work? I mean, if no one answers, do you get to make another call?

In case you are ever in the situation in which a friend gets arrested, here is what you can do (courtesy of WikiHow)

WHAT TO DO IF YOUR FRIEND IS ARRESTED

It is 2 AM and someone you know has just been arrested. You know you need legal help. You do not want your friend to make a confession or be in a line-up or even get fingerprinted if it can be avoided. It is tough to know what to do or who to trust. Moreover, you do not know who will even answer the phone at that time of day. Here is what you need to know if this happens in the United States of America.

Steps
  1. Find out where they are being held and by what police agency. Whether you get the call from a police officer or your friend, make sure that this is the first thing you ask. If you can, tell your friend or family member that you are finding him a lawyer and not to answer any compromising police questions until that lawyer arrives. In short, the 'name, rank, and serial number' response will do fine. Your loved one should always co-operate with the authorities but the less said about the reason for being arrested (even to you over the phone,) until a lawyer can do his job on your loved one's behalf, the better. The reason for this is not to hamper a police investigation, but to protect your loved one from unintentional further harm. Anything said can be used against your loved one in court, having a lawyer present is essential as a defense mediation between your loved one and the police department. Your friend must invoke his rights himself, only the arrested subject can invoke his rights.
  2. Ask what the charges are and what time the arrest was made. Do not let your friend tell you what happened. The call is not privileged and it can, and probably will be, recorded by police for later use against your friend. They should just tell you the actual charge. If they cannot tell you without explanation, tell them that it doesn't matter, and continue to step three below. If the arrested is an adult, the police are not required to tell a friend or family member anything.
  3. Tell your loved one not to make any statement or take any test and tell them you are getting a lawyer and not to do or say anything until they hear from that lawyer. (In some states, you have a very limited time or no right at all to contact a lawyer regarding alcohol testing. Also, in many states, refusal to take an alcohol test is treated as an admission of guilt and carries the same penalty as a test failure. If you don't know, ask the officer.) Only the arrested subject can invoke his rights; you can not do it for them.
    Select a criminal defense attorney. See the related wikiHow entries below for steps to take in finding one. Keep calling lawyers until you find one that either answers their phone or has an answering service that can reach them anytime, day or night.
  4. Tell the lawyer that your friend is arrested and give as much information as you can. Ask that they immediately call the stationhouse and stop your friend from being questioned. Many lawyers will do this for free, but expect to pay at least $150-350 for that call.
    Gather as much money as you can to both pay the lawyer in court and to post bail. It is more important to get a good lawyer into the case early than to immediately get your friend out of jail.

Tips
Always keep about $500-$1000 available without having to go to the bank. Most minor crimes and traffic violations can be bailed out from the stationhouse through the use of a desk appearance ticket or a desk sergent's bail.

Do not feel obligated to stay with the lawyer who helps you the first night. Selecting a lawyer for a case long-term should be done with the accused person's participation. Tell the lawyer you found that you are using him for the purpose of securing your friend's rights only for the night in question. Do not sign a long term retainer.

Any legal fee for standing in at arraignment should either be a flat fee or should be hourly. Again, most criminal defense attorneys will charge between $150-$350 per hour. It will cost more in many big cities or urban areas. For example, many well known NY lawyers charge upwards of $600 per hour.

At the arraignment (the formal reading of criminal charges, and entering your plea) you do not have to use the lawyer that helped you get your loved one . A free lawyer is often available. However, it is better to have your own lawyer at arraignment if you can.

If you run into trouble finding out where your friend is being held and by what police agency, get ahold of a bail bondsman (see link below, how to make bail) as they are experienced at this, and can sometimes locate your friend faster than you using the same resources.

Warnings
Remember the best way to help your friend with the problems associated with being arrested is to avoid the arrest in the first place. Keep your friends out of fights, drink responsibly, drive responsibly, and help your friends do so also.

Police do not have to "give you your rights," and their failure to do so does not invalidate an arrest. They only have to give you your rights if they (a) arrest you and (b) ask you questions about the crime. Hence, tell your friend who is under arrest to plead the fifth.

An oral statement is just as bad as a written statement. It is always best to say nothing.
Do not worry if you cannot find an attorney to represent your friend in court without being retained. Some courts will not let a non-retained lawyer stand in at arraignment. The court must provide an attorney at an arraignment if one is requested, or give the accused time to retain someone before he is arraigned.

There are times when the best thing you can do for your friend or loved one is to let them deal with the consequences of their actions on their own. Spending a night in jail can be a real wakeup call for someone who is in need of one.

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