Summary. Twelve sequences from arrest through detention review, with the free steps that decide hearings flagged.

1. First hour — the person arrested

  • "I want a lawyer and I am not answering questions." Then nothing about the facts, to anyone.
  • Consent to nothing — no search, no phone unlock, no passcode.
  • Sign nothing beyond required booking paperwork.
  • Report medical needs and medications at booking, and again at first appearance.
  • Write down the charge and case number when learned.
  • Assume every call and video visit is recorded. Never discuss the case.

2. First hour — the family

  • Locate the person: jail inmate line or online locator; get the booking number.
  • Get the charge and the first appearance date and time.
  • Request appointed counsel; ask whether the defender office interviews before first appearance.
  • Ask the jail about visiting, phone, and commissary procedures.
  • Do not discuss the case on any jail line or in any message.
  • Do not post about it on social media.
  • Identify any holds or detainers from another jurisdiction or immigration before posting any bond.

3. Build the release package (day one)

  • Residence: address, proof (lease, utility bill, mortgage statement), name and relationship of the adult who lives there.
  • Employment: letter on letterhead — position, tenure, hours, and that the job is being held; recent pay stub; supervisor's direct number.
  • School, if applicable: enrollment verification and schedule.
  • Community ties: years in the county, family by name, children supported or cared for, activities.
  • Third-party custodian: a named adult who will appear in court and accept the obligation.
  • Treatment: a program contacted and an intake appointment scheduled — card in hand.
  • Medical: prescriptions, treating physician, conditions the facility cannot manage.
  • Transportation to court and to appointments.
  • Corrected criminal history — pull records; the version before the court is frequently wrong.
  • Assemble in a folder with a one-page summary on top; make three copies.
  • Bring the people, not just the paper.

4. Pretrial services interview

  • Speak with counsel first if timing permits.
  • Understand it is not confidential.
  • Provide verifiable background: address, employment, family, length of residence.
  • Decline to discuss the offense: "I'd rather not talk about the case."
  • Be accurate — a failed verification is worse than none.
  • Tell family to expect verification calls and to answer them.
  • Request an interpreter if needed.

5. Risk assessment and criminal history

  • Obtain the risk score and every input.
  • Check each input against certified records: prior convictions vs. dismissals · prior failures to appear · pending cases · current supervision status · offense classification.
  • Prepare a written correction sheet with supporting records.
  • Ask whether policy permits an override, and what justification is required.

6. Detention hearing — evidence

  • Verified address + the person who lives there, present.
  • Employment letter with the job held.
  • Community ties summary.
  • Third-party custodian, present and prepared for questions.
  • Accepted treatment intake, not a referral.
  • Corrected criminal history.
  • Character letters, if any — brief and specific.

7. Detention hearing — argument

  • The presumption is release; conditions must be the least restrictive that reasonably assure appearance and safety.
  • A financial condition may not be imposed that results in detention (where the jurisdiction has that language).
  • Bail must be individualized and reasonably calculated to assure appearance — not set by schedule.
  • If a rebuttable presumption applies: it shifts only a burden of production; the government retains persuasion; here is the rebutting evidence.
  • Answer the government's specific concern with a specific condition:
    • Flight → passport surrender · location monitoring · reporting · custodian
    • Danger to an identified person → no-contact · stay-away radius · GPS exclusion zone
    • Firearm → surrender all firearms · search condition · custodian certification
    • Substance use → testing · scheduled treatment intake
  • Do not: let the defendant discuss the facts · litigate the merits at length · concede detention "for now."
  • Request written findings.

8. Compare bond forms before paying anything

  • Ask the clerk which forms are available: recognizance · unsecured bond · deposit/percentage bond to the court · cash · property · commercial surety.
  • Ask whether a deposit bond exists — largely refundable, and it removes the need for a bondsman.
  • Confirm any holds or detainers first; posting while a hold exists buys nothing.
  • Move for reduction with a financial statement before paying a premium.

9. If using a bail bondsman

  • Verify the license with the state insurance department.
  • Read the contract before signing.
  • Understand: the premium is non-refundable, whatever the outcome.
  • Understand the indemnitor is liable for the full bond amount plus recovery costs.
  • Identify all collateral and how it is released.
  • Check for: payment plans and interest · check-in requirements and fees · travel restrictions imposed by the bondsman · the surrender clause.
  • Keep copies of everything signed.
  • At case end: obtain the written exoneration and lien release, and confirm titles are clear.
  • If a bond is forfeited, ask about remission — producing the defendant promptly frequently returns part or all of it.

10. Conditions of release

  • Read every condition out loud with the released person on day one.
  • For each, ask: achievable given transportation, work hours, childcare, and money?
  • Object at the hearing to unworkable conditions; propose the specific alternative.
  • Ask for fee waivers: monitoring, testing, supervision.
  • Build a calendar of court dates, reporting dates, tests, and appointments.
  • Build a compliance folder: sign-in sheets, test results, certificates, receipts.
  • Reminder the day before every appearance.
  • Notify supervision in writing BEFORE anything will be missed.

11. If a court date is missed

  • Call counsel the same day.
  • Arrange a voluntary surrender.
  • File a motion to quash the warrant, with documentation of the reason.
  • Appear, take responsibility, propose a fix (reminders, written date confirmations, modified reporting).
  • Do not wait — a voluntary surrender is treated very differently from an arrest months later.

12. If detention is ordered

  • Seek review promptly — de novo before the district court in the federal system, and the state analogue elsewhere.
  • Keep building new information for reopening:
    • Written treatment acceptance
    • Written confirmation the job is held or a new offer
    • A custodian who has now agreed
    • Medical evaluation
    • Case developments: suppressed evidence, dismissed counts, co-defendant resolution
  • Calendar a review every 30 days.
  • Be careful about waiving speedy trial deadlines for a detained client.
  • Address the collateral damage: employer communication · landlord communication · caregiving plan · benefits and insurance.

13. Special situations

  • Non-citizen: tell counsel immediately; consult an immigration lawyer before any plea; a detainer may prevent release even after a bond.
  • Out-of-jurisdiction warrant: identify all holds before posting.
  • On probation, parole, or supervised release: expect a separate violation proceeding with its own standard.
  • Serious medical or mental health need: raise it on the record at first appearance, with specifics.
  • Sole caregiver: state the children's ages and the current arrangement.
  • Homelessness: ask the defender office about a social worker and secure a written shelter or program placement.
  • Limited English: request an interpreter for the interview and every proceeding.

Related documents

Educational only, not legal advice. Bail rules differ by state and county and are changing rapidly. Consult counsel where the case is pending.