How to.....

Maybe this will come in handy for someone. I recentley had to bail someone out come first thing in the AM, but not overnight.


How to Help a Friend Who Gets Arrested in the Middle of the Night

DWI StopIt is 2 AM and someone you know has just been arrested. You know you need legal help. You do not want your friend to make a confession or be in a line-up or even get fingerprinted if it can be avoided. It is tough to know what to do or who to trust. Moreover, you do not know who will even answer the phone at that time of day. Here is what you need to know if this happens in the United States of America.
Steps

Find out where they are being held and by what police agency. Whether you get the call from a police officer or your friend, make sure that this is the first thing you ask. If you can, tell your friend or family member that you are finding him a lawyer and not to answer any compromising police questions until that lawyer arrives. In short, the 'name, rank, and serial number' response will do fine. Your loved one should always cooperate with the authorities but the less said about the reason for being arrested (even to you over the phone,) until a lawyer can do his job on your loved one's behalf, the better. The reason for this is not to hamper a police investigation, but to protect your loved one from unintentional further harm. Anything said can be used against your loved one in court, having a lawyer present is essential as a defense mediation between your loved one and the police department. Your friend must invoke his rights himself; only the arrested subject can invoke his rights.

Ask what the charges are and what time the arrest was made. Do not let your friend directly tell you what happened. The call is not privileged and it can, and probably will be, recorded by police for later use against your friend. They should just tell you the actual charge. If they cannot tell you without explanation, tell them that it doesn't matter, and continue to step three below. If the arrested is an adult, the police are not required to tell a friend or family member anything.
Tell your loved one not to make any statement or take any test and tell them you are getting a lawyer and not to do or say anything until they hear from that lawyer. (In some states, you have a very limited time or no right at all to contact a lawyer regarding alcohol testing. Also, in many states, refusal to take an alcohol test is treated as an admission of guilt and carries the same penalty as a test failure. If you don't know, ask the officer.) Only the arrested subject can invoke his rights; you can not do it for them.