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First, take a deep breath. Tell yourself to remain
calm. Few things are as emotionally traumatic as having your spouse accused
of a crime. It seems like your entire world comes to a screeching halt.
Careers are placed at risk and family life is disrupted. But, in order
to keep you and your spouse from being overwhelmed by the criminal justice
system you will have to keep calm.
If your spouse is calling from jail, do not demand
to be told the details of what happened. Your spouse will likely be calling
your from a booking desk in front of a police officer or from a crowded
jail cell. He or she will likely be in shock themselves may not have things
sorted out in their own mind yet. Innocent or not, your spouse may be
reluctant to tell you the details of the events surrounding his arrest.
At this moment, they are angry, ashamed, terrified, and - utterly helpless.
There will be plenty of time later for sorting out what happened. Right
now, your spouse's most immediate needs are a bondsman and competent legal
advice. Take a second deep breath. Find out what he is charged with, whether
a bond has been set, and if so, what the amount is. If no bond has been
set, find out when a bond will be set. Ask to speak with the jailer or
desk sergeant if necessary.
Tell your spouse to remain calm. Let him or her
know that 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! My experience both as a police officer and as a criminal defense lawyer
has taught me that it is rarely a good idea for anyone accused of a crime
to speak with the police immediately after their arrest. Even an innocent
person can rarely help himself or herself by talking to the police immediately
after arrest. Remember the police arrested your spouse because they believed
they were guilty of a crime. Anything a person says immediately after
his arrest is usually construed and interpreted against them. At this
point, the investigation is focused on gathering evidence to prove your
spouse's guilt, not figuring out whether they are innocent. And, once
a statement is made, it cannot be taken back.
The decision to waive the 5th Amendment privilege
against self-incrimination 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 your spouse's interest, a statement can always be given at
a later time. But, it is usually best not to say anything at this point.
Time for your third deep breath. Now, go and get
your husband or wife 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. 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 spouse back to work,
is the single most important step on the road to getting things back to
normal. If you are unable to post bond because the amount is too high
to make even using a bondsman unaffordable, or because no bond has been
set, immediately contact 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 life partner. Resist the temptation to simply allow
your spouse 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 spouse. At very best, he
or she may be successful in having the charges dismissed and possibly
having the arrest expunged from the public record.
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 beside your spouse 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 spouse
needs your support, monetarily, emotionally and spiritually. People make
mistakes. Some mistakes are more serious than others. Even if your spouse
is 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.
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 spouse. If your spouse is still incarcerated,
arrangements can be made to meet with you and have a phone conference
with your spouse 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.
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