The phone call comes, and everything stops. In the first two days after an arrest, families want to help, and that is when the most avoidable mistakes happen. These steps come from what we see as defense investigators.
1. Get the basics in writing
Find out where your loved one is being held, the booking or case number, the charges, and the date and court for the first appearance. Write it all down. You will be asked for it again and again.
2. Do not talk about the facts on the phone
Assume jail calls and visits are recorded. Talk about family, bills and support. Leave what happened for conversations with the attorney.
3. Get a lawyer involved right away
If you can hire an attorney, do it now. If you cannot afford one, your loved one can ask the court for an appointed attorney at the first appearance. Either way, the facts of the case should go through the lawyer.
4. Stay off social media
Do not post about the arrest, the case, or the people involved, and ask friends and relatives to do the same. Do not delete old posts or messages either. Deleting can look like hiding evidence.
5. Do not contact the other side
However good your intentions are, do not reach out to the person who made the accusation or to witnesses. It can lead to new charges or damage the case. Contact with witnesses should come from the defense team.
6. Write down what you know while it is fresh
Names, phone numbers, who was where and when, and anywhere a camera might have been recording. Give your notes to the attorney, not to anyone else.
7. Save everything
- Text messages, call logs and voicemails
- Photos and videos, with their original dates
- Receipts, ride-share and delivery records
- Work schedules and time cards
8. Ask the attorney about an investigator
An investigator working under the attorney can locate and interview witnesses, track down video before it is erased, and gather records. The earlier that starts, the more there is to find.
This article is general information, not legal advice. Talk to a licensed attorney about your situation.
Phillips Private Investigations & Consulting Firm provides criminal defense investigation for attorneys and assigned counsel across Metro Detroit. Call 734-941-5200 for a free, confidential consultation.
