A family member was arrested
Find out where they are being held, call a criminal defense lawyer, and do not talk about the case on any jail call. You can do all three tonight. This page walks through each one, then explains bail and what to bring to court.
Tonight, in this order
- Write down what you know. The person's full legal name and date of birth, where and when they were arrested, and which police department or agency made the arrest.
- Find out where they are. Call the precinct, police department or agency that made the arrest and ask where the person is being held and when they are expected to see a judge. Many county jails and state systems also have an online inmate lookup by name and date of birth. If you get an arrest number or booking number, keep it.
- Call a criminal defense lawyer. Give the lawyer the name, date of birth, the place of arrest and any number you were given. That is enough for a lawyer to start. Do not write the facts of the case in a text or an email.
- Stay off social media. Do not post about the arrest, and ask relatives and friends not to either. Posts get saved and shown in court.
Jail phone calls: what not to say
Assume every call from a police station, jail or detention center is recorded and can be heard by the prosecution. It is an easy way for a family to hurt a case without meaning to. When your family member calls:
- Do not ask what happened. Do not let them tell you.
- Do not talk about the complaining witness, other people involved, or where anything is.
- Do not pass messages to anyone connected to the case.
- Do talk about their health, what they need, and the name of the lawyer who is coming.
The same goes for video visits, messages through a jail app and letters. If they start to explain, say: "Stop. Tell the lawyer, not me."
Do not contact the complaining witness
Do not call, text or message the person who made the complaint, even to apologize or to "sort it out." In New Jersey and Florida, no contact with the alleged victim is part of the release conditions the rules describe [1] [2]. A message from a relative can look like a message from your family member, so stay out of it.
How bail and release work, briefly
In most cases a judge decides at the first court appearance whether your family member goes home and on what terms. The rules differ by court:
New York
For a charge that is not a "qualifying offense" under the bail statute, the judge must release the person on their own recognizance unless the judge finds on the record that this will not reasonably assure their return to court, and even then must use non-monetary conditions [3]. For charges on the statute's list of "qualifying offenses," the judge may also set bail [4].
New Jersey
The judge must release on personal recognizance or an unsecured bond when that reasonably assures appearance, safety and no obstruction [5]. The prosecutor can also ask the court to hold the person until trial [6].
Florida
Except for the most serious charges, every person charged is entitled to pretrial release on reasonable conditions, unless no conditions can protect the community, assure presence at trial or protect the process [2].
Pennsylvania
Release can be on recognizance, on non-monetary conditions, on an unsecured or nominal bail bond, or with a money condition, and a money condition may not be more than is necessary [7].
Federal court
The judge must release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure appearance or will endanger someone [8].
The full picture is on the bail and release page.
What to bring to the first court date
When a judge decides release, the question is usually whether the person will come back to court, and in some courts whether release is safe [9] [8]. Family members can help the lawyer answer that. Bring, or have ready on your phone:
- Your own photo ID.
- Proof of where your family member lives: a lease, a utility bill, or mail with the address.
- Proof of work or school: a letter from the employer, recent pay stubs, a school schedule.
- Names and phone numbers of family who can come to court, and anyone who depends on the person, such as children or an elderly parent.
- A list of the person's medications and doctors.
- The lawyer's name and phone number.
Do not bring anything about the facts of the case, and do not talk about the case in the courthouse hallways. Arrive early. Courthouse security lines can be long.
If the case is in federal court, or you are not sure which court it is in, tell the lawyer what agency made the arrest: an arrest by a federal agency such as the FBI or the DEA usually means a federal case. Then see What happens next and the court pages for New York, New Jersey, Florida, Pennsylvania and federal court.
Common questions
Can I talk to the police for my family member?
Do not answer questions about the case. You can ask where the person is being held and when they will see a judge. If an officer asks what you know about what happened, say that the family has a lawyer and give the lawyer's number.
Should I post bail right away?
Talk to a lawyer first. In many cases the judge decides release at the first court appearance, and the lawyer can tell you what the court is likely to ask about before you spend money or sign anything.
What should I tell my family member when they call?
Tell them a lawyer is coming and that they should not talk about the case with anyone, including you, on the phone. Talk about family, health and the lawyer's name. Nothing else.
Sources
- N.J.S.A. 2A:162-17(b) (P.L.2014, c.31, § 3). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.131(a). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 510.10(3) (rev. 2023-06-09). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 510.10(4) (rev. 2023-06-09). Current as of November 11, 2026. Official text
- N.J.S.A. 2A:162-17(a) (P.L.2014, c.31, § 3). Current as of November 11, 2026. Official text
- N.J.S.A. 2A:162-19(a) (P.L.2014, c.31, § 5). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 524(C). Current as of November 11, 2026. Official text
- 18 U.S.C. § 3142(b). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 510.10(1) (rev. 2023-06-09). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.