What to do if you have been arrested?
If you can make a bond (money to secure your release), then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency which requires you be held pending clearance of the hold. Example: If you had unpaid traffic tickets you could be held in jail until they were paid or you served them out with jail time.) If you cannot make a bond (or do not qualify for pretrial release), then you will remain in jail while your case is pending. If you are Free on Bond In many courts if you have been able to make a bond, then you will be expected to hire an attorney to represent you. However, in some courts if you can prove that you are an indigent (unable to afford to hire an attorney), then you may request that the court provide you with a court-appointed lawyer. The court itself must pay for the services of the court appointed lawyer. The cost of this representation may be passed on to you at a later time, in the form of court fees. A court appointed lawyer may be either a private lawyer who takes court appointments or may a public defender. (See Defense Attorney) If you are in Jail If you are in Jail (Incarcerated and unable to make a bond) You may hire your own attorney or if you are indigent the court will automatically appoint an attorney to represent you. If you are unable to make a bond and are indigent, the court will appoint your lawyer within 24hours of incarceration. You will be contacted by the lawyer but may not actually meet with the lawyer until the police file a case against you. This may take up to 72 hours. If you are Not a U.S. Citizen If you are arrested and you are not a U.S. Citizen, in most cases the INS (Immigration and Naturalization Service) will place a hold on you. This hold will keep you in jail, whether or not you are able to make a bond. The way in which your criminal case is handled will directly affect your resident status. This should be one of the main issues you discuss with your attorney. If at all possible, you should seek the advice of an attorney who specializes in immigration issues.