
Legal Advice for Families of the Accused: What to Expect, and How to Help
It’s not something that we can ever fully plan for. Facing a loved one’s arrest or criminal charge can be one of the most confusing, stressful, and emotionally draining experiences a family can go through. Whether it’s your child, partner, sibling, or parent, when someone you care about is accused of a crime, it’s easy to feel helpless, overwhelmed, and unsure of what to do next. However, it’s vital to stay calm and realize that you’re not alone. Furthermore, your role in this situation is more important than you might have ever realized.
Knowing what to do, what to expect and how to help after someone you love has been accused is invaluable. So, let’s take a look at grounded, compassionate legal advice to help guide any family through a difficult time.
Stay Calm and Gather as Much Information as You Can
The moment you learn that someone close to you has been arrested or accused of a crime, it can be akin to a gut punch or having the wind knocked out of you. Whether it’s a phone call in the middle of the night or a message from someone else breaking the news, your emotions will likely run high and chances are that you won’t be able to react with a level head.
As we all can imagine, that’s completely normal. In many ways, it’s just as traumatic as the alleged crime, but taking a deep breath and focusing on getting clear, accurate information is the most helpful thing you can do right now. Your loved one needs you to be their advocate and advocates need facts, not disarray. It’s also important to offer emotional support without judgment, as all the facts haven’t come out yet and your loved one needs reinforcement, not resentment.
Here are some key points to hit as you gather the necessary information to begin the legal process:
- Is your loved one safe? This should take precedence over all other factors. The health and security of your loved one is paramount, regardless of what they’ve been accused of. Be sure to ask them if they’re okay, if they’ve been injured, and if they feel safe in custody. They’re likely just as scared as you are.
- Where is your loved one being held? Start by finding out if they’re at a local jail, a county facility, or another holding location. You can typically search online or call the jail’s information desk. If the arrest just occurred, it might take a little time before their name is processed into the system.
- What are the exact charges? Understanding the nature of the charges will influence what kind of legal help you need. Be sure to properly note the specifics. For example, “assault” and “aggravated assault” are different charges with very different implications.
- What is the bail amount (if any)? If bail has been set, you’ll want to know the amount, the payment options, and whether a bondsman is needed. If bail hasn’t been set yet, find out when the arraignment will take place.
- When is the first court date? Missing court dates can create serious problems for your loved one. If possible, attend the hearing yourself to show support and to hear the facts presented firsthand.
Secure an Experienced Criminal Defense Attorney
When someone you love is facing criminal charges, one of the most important and time-sensitive decisions you’ll make is choosing the right defense attorney. The attorney you hire can be the difference between freedom and jail time, between a fair trial and a rushed judgment. There are many lawyers to choose from, but it’s all about hiring the right lawyer for your loved one’s unique case and circumstances. Here are some guidelines that should be factors in your selection process:
- Specialization: Make sure the lawyer specializes in criminal law, not just general practice.
- Experience with similar charges: Ask if they’ve handled cases similar to your loved one’s. A Philadelphia assault lawyer may not be the best fit for a complex white-collar crime.
- Local knowledge: An attorney familiar with the local court system, judges, and prosecutors can offer strategic advantages.
- Communication: You want someone who talks with you, not at you. Someone who takes the time to explain the charges, process, and options available.
- Availability: Your loved one’s case is time-sensitive. Make sure the lawyer is responsive and not overwhelmed with too many other cases.
- Reviews or Referrals: If you’re not sure where to start, talk to other families, friends, or even organizations like the local bar association. Online reviews and testimonials can also offer insight.
Do Your Best to Protect Their Personal (and Digital) Reputation
The fallout from a traumatic event often extends beyond the legal ramifications. As a family member, you may feel powerless in the face of rumors, online commentary, or even harsh news coverage. However, you actually play a crucial role in shaping how your loved one is perceived by their community, school, workplace, and future legal stakeholders. There are a bevy of manageable practices that any family member can accomplish during this time. Let’s outline a few of them here:
Avoid engaging in social media debates: As tempting as it might be to “set the record straight,” emotional posts often cause more harm than good. They can be screenshotted, misinterpreted, and used out of context.
Be an advocate for your loved one’s character: Collect character references from teachers, mentors, coaches, clergy, or coworkers. These can be useful for the defense attorney to present during pretrial or sentencing stages. Also, be sure to remind friends and neighbors that accusation doesn’t equal guilt.
Maintain Normalcy: While it may feel like the sky is falling, reputation isn’t just about what people say. It’s about what they see in how a person shows up. If your loved one is still able to function as normal, make a commitment to do so.
It’s easy sometimes to forget that DUI lawyers in PA are people too, and they understand what you’re going through. While you can’t defend your loved one in court, you can provide the best defense for them on the outside. That starts by employing a practiced, meticulous defense lawyer. Look no further than the professionals at Brennan Law Offices to find top-of-the-line legal representation that specializes in helping people, not just winning cases. Feel free to contact us when you’re ready to take the first step in the fight for your loved one’s freedom.