3. Encourage Your Child Not To Waive Their Rights to Remain Silent or to Legal Counsel
Tell your child to remain calm. Let them know you will be working as quickly as possible to get them out of jail. Remind them of their right to remain silent and tell them to use it! Many parents mistakenly believe their child can minimize the seriousness of a criminal charge or prevent an arrest by speaking candidly with the police, explaining everything, and apologizing. Unfortunately, the days of fatherly police officers "giving a break" to a young offender because he "realized what he did was wrong" or "because he comes from a good family" are long gone. My experience both as a police officer and as a criminal defense lawyer has taught me that even innocent people rarely help their case by talking to the police right after their arrest. Remember the police arrested your child because they believed he or she is guilty of a crime. Anything a person says when they are under arrest is usually construed and interpreted against them. And, once a statement is made, it cannot be taken back. At this point, the investigation is focused on gathering evidence to prove your child's guilt, not figuring out whether they are innocent. The decision to waive the 5th Amendment privilege against self-incrimination and talk to the police should never be made amidst the confusion, uncertainty and fear that reign in the first few hours after an arrest. The decision is serious and usually irreversible. It should never be made without informed advice of competent legal counsel. If the lawyer determines that it's in the child's interest, a statement can always be given at a later time. But, it is usually best not to say anything at this point.

4. Bond the Child out of Jail if possible
Time for your third deep breath. Now, go and get your child out of jail. In most jurisdictions, you'll have to post a bond. Bonds are usually posted in cash, though you may be able to use a property bond if you have sufficient unencumbered property, or you may be able to use a bondsman. A bondsman will post the bond for you and charge you a percentage of the amount of the bond as his fee. If you post a cash bond, then you will normally obtain the cash back at the conclusion of the legal proceedings. If you use a bondsman, then you will not be refunded any money. Typically, the fee a bondsman may charge is set by statute. In Louisiana, that is 12% of the face amount of the bond. There may be additional fees charged by the jailer that will also need to be paid. However, these are usually not very great. While a wayward child might well benefit from one night's stay in a cramped jail cell, he or she should be bonded out as soon as possible. Resist the urge to "Let him sit there and get himself out." Leaving anyone in jail until the case is resolved is rarely a good idea. Getting a child back into school or back to work so that they can help defray their legal expenses, is the single most important step on the road to mitigating any damage the child has done to himself or herself. Immediately contact legal counsel if you are unable to post bond.

5. Retain competent legal counsel.
Time for a final deep breath. Now, go hire a lawyer. Be prepared to spend some money. You are protecting the investment you've already made in your child. Resist the temptation to simply allow your child to be represented by the public defender. While public defenders generally are fine lawyers who are hard working, sincere, caring, and dedicated, they are also generally overloaded with cases, under-resourced, and understaffed. While no lawyer can guarantee the outcome of any case, a competent, experienced, and creative criminal defense lawyer will be worth what you pay for him or her. Look for a lawyer who is a member of the National Association of Criminal Defense Lawyers or your state association of Criminal Defense Lawyers. It is a rare case where an experienced criminal defense lawyer can't be of some help. At the very least, he or she will keep the system from overwhelming you and your child. At very best, he or she may be successful in having the charges dismissed and possibly having the arrest expunged from the public record. Keep in mind however, that even if you are paying the attorney fee, your child is the client, not you. That means that you will not be privy to all of the conversations between our child and his or her attorney. Those conversations are confidential and generally fall within the scope of the attorney-client privilege. However, a conversation will not fall within the privilege if it occurs in the presence of a third person who is not also subject to the privilege such as the attorney's paralegal or investigator.

6. Support Your Child As They Go Through "The System"
A criminal charge should never be taken lightly. A conviction remains with a person long after any fine is paid and any probation or jail time is served. A criminal conviction deprives a person of many basic human and civil rights. It may lead to the loss of a job or government benefits. And, it will seriously limit employment and educational opportunities. In doing so, it may indirectly lead to further criminality. Stand behind your child as much as you can. It will be difficult, particularly if the charge involves a violent crime or sex offense. Ours is a Criminal Justice System which is often hostile to claims of innocence and largely deaf to pleas for mercy or understanding, Innocent or guilty, your child needs your support, monetarily, emotionally and even spiritually. People make mistakes. Young people make lots of mistakes. Some mistakes are more serious than others. Even if your child has been guilty of a criminal act, it doesn't mean they are going to be a criminal for the rest of their life. It means they need the help and assistance of a competent criminal lawyer. Do not be afraid, ashamed or hesitant to call one.

7. Request Appointment or Make Case Inquiry
Our charge for an initial office consultation is only $100.00. ($150.00 for after hours consultation)This is credited toward the fee for the representation if we are retained to represent your child. If your child is still incarcerated, arrangements can be made to meet with you and have a phone conference with your child from the jail. Or, a jail visit can be arranged. Click here if you would like our office to contact you to arrange for a confidential appointment at a convenient time. Click here if you live outside of northwest Louisiana and would like to arrange for a telephone consultation. Click here if you would like to find out whether your case is the kind of matter we would accept.