If someone in your family has been arrested for assault, you probably aren't sure where to turn or what to do next. If you (or another family member) were the victim of the assault, that only complicates the situation. While your family member's arrest is a daunting situation, you can do several things right away to gain information and control. A positive first step is to contact an attorney from Law Offices of James F. Pokorny, A P.C. in San Diego, California, who will guide you through the complicated maze of the justice system.
Simple Steps
You can take several straightforward measures that will provide the support you and your family need.
· Contact an Attorney
As mentioned above, securing an attorney for your arrested family member is the first order of business. The earlier you seek legal advice, the more effective it may be. A good criminal defense attorney will strive to preserve the rights of your family member, thereby assisting you in looking out for your family's best interests. The attorney will want to know where your family member is being held (if he or she is still in jail) and may want to meet with you to discuss the situation. The attorney will need to gather the relevant facts to prepare a defense.
· Take Care of Your Family
Your family may be strongly affected by the arrest, especially if you have children. If one of you was the victim of the assault, it is important to seek medical attention right away. Whether or not the assault occurred within the family, you may wish to seek help; local social services or mental health professionals can provide valuable advice. Friends and extended family members can offer comfort — and help with child care, household tasks and other duties.
· Support Your Arrested Family Member
Being arrested can be an upsetting experience, and your family member is likely to need your support. If you are able to communicate with each other after the arrest, remind your relative not to answer questions until an attorney is present; everything he or she says can be used against him or her in court. Try to help your family member remain calm. Tell your family member what you are doing on his or her behalf.
· Contact the Jail
If your relative is still in custody, contact the jail to discuss visiting hours; whether you need to provide additional information; any prescription drugs your family member is taking; any physical or mental illness that your family member may have; and whether assignment to a mental health unit is appropriate. Find out whether your family member will stay in this jail and if there is a pending court date.
· Make a Bail Decision
In most instances, the judge will set bail at a hearing. If you cannot pay cash, you may be able to post a bond for the amount of the bail; this could, however, require you to pledge your home or other valuable property to secure the bail bond. If your family member does not show up for court dates, your property may then be seized by the bond company. It is up to you to decide whether the benefits outweigh the risks.
Talk to an Attorney
Dealing with the assault arrest of a family member is difficult and time consuming. An experienced attorney from Law Offices of James F. Pokorny, A P.C. in San Diego, California, can help you plan your next move.
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