Opinion

Pretrial Detention (Criminal) is the undoing of a life and social connections: It is designed to remove one from society and has devasting impacts upon the person and the family.

Indeed, there are many cases where an alleged crime is to be so terrible that the removal of a person from Society to "Protect Society" is both merited and warranted. This is opinion is neither discussion nor debate about such.

This is simply about the effects of even a week or more of detention while a detained person tries to understand the CJS (Criminal Justice System), and the impact of the family in supporting a loved one during the process.

In my practice, and backed by research findings: The Difference a Day Makes:?How Spending Even One Day in Jail Can Have Devastating Consequences | Harvard Kennedy School

Even spending several days detained can have substantial impacts upon the life of a person. One finds the loss of employment, the loss of ability to communicate with family, the fear and terror associated with not knowing the next steps in the process and the reading of charges and potential imprisonment. In particular, those suffering from either transient or established mental health issues may not have any ability to understand the charges against one.

For many who for the first time are encountering the Criminal Justice System there remains a feeling of Helplessness. Dozens of questions: Many to remain unanswered for a period of time while their loved one calls from "Lockup" and asking for Bond or "Please, we need to get an Attorney", or even more upsetting: A charge based on a psychiatric event, or even more challenging: an alleged sexual offense.

How does a family navigate this? There are no easy answers. But there is some guidance that I have developed:

1) Regardless of bond level, do a quick financial current state assesment. In other words, can "You" as a family afford the bond? If it's for example less than 5k, and its a 10% then determine it. Work with a bailbond person and it may even be less than the 10%.

2) If the charge for your loved one is a very serious felony, or a multiple of felonies and the bond is into the 6 figures? I would advise the hiring of a robust criminal defense attorney immediately and to pay such retainer to represent your family member at the initial arraignment and discussion of Bond and release conditions. This should serve your family member far better than scrambling thousands of dollars for the bail, when the court may reduce the bail amount as argued by such an attorney.

This gives way into an argument I have found compelling: Spending 5k on retention of a robust defense attorney versus paying a bond may result in NO BOND or release on personal recognizance (PR) with verifiable conditions or some.

3) Some detained are in no condition mentally, physically, emotionally nor spiritually to participate in "in one's own defense" at the initial arraingment and argument of Bond. This is important to note. This may result in a No Bond ruling, However the advocacy of a strong defense attorney may allow for another bond hearing at a later date to argue in defense of the loved one. Do not despair.

4) If the bond is reset to a lower level (the objective), then do another review financially. Can you as a family do the bond AND have the counsel of a qualified private defense attorney? Such an attorney will tell you the potential financial obligations to defend the case.

5) If the family or the loved one cannot secure private Counsel, recognize the fact it will be a bit of time (State) before a Public Defender is appointed. Federal seems to be much quicker. In other words, encourage your loved one to make an appointment and accept that Lawyer. It doesn't have to be permanent while u may try and find resources for a private Qualified Criminal Defense Attorney.

5) In my counsel to my clients what I have found in my practice is the best thing to do is an education of the process ahead of you all. It will not be easy. Your loved one who is losing a job, ongoing reputation in community (particular with alleged Sexual Offenses) blowback from other serious felonies, all or more. The best thing to do is seemingly pedestrian: IT IS GOING TO TAKE SOME TIME TO FIGURE IT OUT. Allow such and recognize it will. The Criminal Justice System is a slow-moving entity. Along the way you must educate oneself and yourselves and this is the essence of my assistance in doing so.

6) Finally, if your loved one is to clearly be detained for some time? Support and try and remain positive. Do not allow for discussion of the case over the jail phone. Keep trying to find a good lawyer. Put some money on the commissary account, and support. This means an incredible amount to the loved one detained. Try and remain positive.

Summary: This may be the hardest and most challenging time that the "Family" may ever go through. It's unfortunate, however, I encourage reaching out to your support networks and educate on the process in order to be of advocacy and empowerment for the detained. For many experiencing this for the first time, it is a overwhelming time. Breathe....and talk and take it one day at a time.

NOTE: I am not an attorney. This is compassionate advice derived from thoughts, feelings, worries and discussions with Private, Attorney-Referred Clients and my own personal experience of Pretrial Detention. This is not intended to construe legal advice, only advisory guidance. You should always seek the advice of a Qualified defense attorney should these matters arise.