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Clearwater Criminal Defense Lawyer > Blog > DUI Defense > My Spouse Has Been Arrested, What Do I Do?

My Spouse Has Been Arrested, What Do I Do?


It is very upsetting to receive a call and learn your spouse has been arrested. But there are things you can and should do if someone you care about is arrested, whether that individual is your fiance, spouse, or significant other.

First of all, you need to remind your loved one that they have the right to remain silent. You will also want to connect with a Clearwater DUI defense lawyer without delay. Navigating the Florida legal system is not simple, you need an expert to guide you and your family through the process and access the best outcome that you can.

Right to Remain Silent and Posting Bail

One of the first things you can do to help your husband or wife is to remind them they have the right to remain silent. When people are emotional and upset, which is common after an arrest, they may not be thinking clearly. But it is essential that they recognize that every detail, including what they say, is documented by law enforcement throughout the arrest process. Saying something wrong could be used against you later.

Additionally, getting the person out of jail is important as staying locked up could weaken their defense. This is true because, as stated earlier, every interaction is subject to being recorded and used by the prosecution later.

While posting bail can feel like giving money away, it is not. When funds are deducted from the amount, they are going toward court costs that need to be paid, either way. The bail amount will depend on the offense, and if you can’t afford the bail amount a bondsman may be an appropriate option. A bondsman will require 10% of the bail amount.

Hire a Seasoned Defense Attorney

Public defenders are provided for individuals who are arrested and choose not to hire their own representation, but hiring an experienced defense attorney means you will have a professional working on your spouse’s case right away.

Sometimes referred to as a pre-filing phase, the first month or so of a criminal case is when police reports are sent to state offices and prosecution is set in motion. When an attorney can identify issues with the arrest itself or examples of your spouse’s rights being violated, the case could be dismissed during this pre-filing phase. If you choose to go with a public defender, they will begin working on the case once it goes to trial.

Having to help an arrested spouse is not a situation you want to be in, but staying calm and taking the steps you can to improve the situation can be helpful. Tell your spouse to remain silent and do not discuss their arrest with them while your spouse is in jail. Hire a Clearwater DUI defense lawyer to handle the case and follow their guidance.

Has your husband or wife been arrested? Reach out and talk to the legal team at King Law Group as soon as possible to discuss next steps. Schedule your free consultation today.

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