My Adult Child Was Arrested. What Can I Do?
Your children will always be your children, regardless of their age, and you will feel responsible for them. You want to make sure they are doing OK. Additionally, you want to either figure out a way to help them out of trouble or do your best to keep them out of trouble.
Knowing that your adult child is having legal issues is worrisome. If they have been arrested or are the subject of a police investigation for a crime, you want to know how best you can help them. In such circumstances, feeling fearful, nervous, or panicked is normal. However, the best way to help your child is to act.
While reaching out to your loved ones and friends to see what they can do about your child’s arrest may be beneficial, speaking with an attorney is a crucial first step. It could be tempting to contact your family attorney, if you have one, or any other attorney a family member suggests. However, you will require a criminal defense lawyer if your child has been arrested.
My Adult Child Was Arrested. What Can I Do?
Suppose your adult son has been placed under arrest. In that case, it indicates that the police have decided to press charges against him because he is considered a suspect in a criminal case. The Family Division of Circuit Court will handle your child’s case if they are under the age of 17, in which case they will be regarded as a juvenile. However, if your child is older than 17, they will be regarded as adults and are subject to the criminal justice system in the state where they have been charged.
Most parents typically feel helpless in the face of their child’s arrest. However, there is a way to help. Your child needs a lawyer to help them fight the criminal charges brought against them. They need a criminal defense attorney, regardless of whether they committed the offense. You should call an attorney, even if your child refuses to speak with one. Now is the time to show your child some tough love and work towards securing their freedom.
Criminal offenses often have significant legal consequences. They would include community service, probation, fines, jail term, a restraining order, and sex offender registration if your son or daughter is charged with sexual assault. Life sentences may be used to punish more severe crimes. In addition, your child may be required to cover the costs of medical treatment for the victim in a case involving a serious injury, should the victim bring a civil action against them.
Therefore, hiring a defense lawyer is your child’s greatest chance of avoiding a criminal conviction and sentence (see: how to hire a criminal defense lawyer). In addition, you might need emotional support while you go through this difficult time. There are support groups across the nation comprising parents whose adult children have been arrested. They may offer you some helpful suggestions and encouragement at this time.
Will My Child Be Held in Jail Until a Court Trial?
Your child may be detained in jail or released following an arrest, depending on the severity of the offense. If the charges against your child are not dropped, they may only be released on bail pending a court trial.
The judge decides your child’s bail release during a court bail hearing. The court often allows both sides, the prosecutor and defense counsel, to make brief arguments before deciding in a bail hearing. Therefore, hiring a criminal defense lawyer is advisable to improve your chances of getting your child released on bail. Learn what to look for in a criminal defense lawyer here.
We are aware of the worries and apprehension parents experience while their child has been arrested, and we understand your desire to secure their freedom as quickly as possible. Contact our law firm, Blank Law, PC, to find out how we can assist you and your child. You can schedule a free initial case evaluation with a criminal defense lawyer at our firm today.
What Happens if My Adult Child is Charged in Court?
No matter how “minor” you believe the offense is, be sure to have legal representation when your child appears in court for the first time. Some of the following events occur in court, and your child must have a defense attorney present:
- The charges are listed: When a defendant appears in court, they are informed of the crime(s) they are accused of committing and the potential consequences of a conviction.
- Legal rights are read: The defendant must sign a document attesting that they were informed of their legal rights and understand them.
- The defendant makes a plea: The defendant is asked how they plead to the criminal charges. They may plead guilty, not guilty, nolo contendere (no contest), or refuse to speak, regarded as a not guilty plea. Other pleas include the Killebrew Plea and the Cobbs Plea, guilty pleas with conditions.
- The bail is set: A person accused of a crime will be detained until a court sets a bond amount. Even if the person abides by all the conditions of the bond, the cash or property used to post bail may only sometimes be fully returned (see: how do bail bonds work?).
- The next court date is scheduled: The court notifies the defendant of the next court date or informs the defendant that the next court date will be communicated later.
What is a Bail Bond and What are the Different Types of Bonds and Bail Conditions?
If your child is granted bail, they must post a bond payment to ensure their appearance in court on the scheduled day. A bond is a refundable sum required to guarantee that your child will appear in court for the trial or subsequent court proceedings. A bond is not a fine or sanction for a criminal offense.
Bail is not always an option in court cases. For instance, it is not available in capital offenses or crimes involving excessive violence. A capital crime is a severe offense attracting the death penalty in some states. The court considers the crime’s severity and the state’s practices when determining whether to grant bail.
Bonds are often granted with some conditions that your child must agree to. Such bail terms include no drug or alcohol use during that time, no driving, or no contact with the victim. The court will issue an arrest warrant if your child violates the bail conditions or skips bail, and you will forfeit the money paid as bail. Therefore, when your adult son or daughter has been released on bail, you must ensure they do not lose control and violate their bail condition.
There are four types of bail bonds:
- Bonds on personal recognizance (“PR“ bonds or “signature bonds“) – The court may grant bail to defendants on their recognizance, usually for misdemeanors. Therefore, they would be released without posting bail since they are not considered a danger to society. The defendant or a third party would only be required to pay the bond sum if they skip bail.
- Cash Bonds – A defendant may need to pay the entire bond sum in cash before they are released. If they appear on all their scheduled court dates, most of the money may be refunded to the person who posted bail.
- Surety Bonds – If you or your loved ones cannot raise the bond sum, you may work with an authorized bondsman who will guarantee that your child will show up in court as needed by posting a surety bond. The bondsman will pay the whole bail sum if the defendant doesn’t attend court. A licensed bondsman may charge a non-refundable portion of the total bail cost in exchange for their services.
- Percent Bond – The defendant must post a portion of the total bond to be released from jail on this form of bail. The amount is generally as little as 10%, and the balance is only owed if the defendant misses their next court proceeding.
How Can Blank Law, PC Help My Adult Child Avoid Jail?
Our law firm is dedicated to defending those charged with crimes. We have defended young adults and adults in Michigan for many years. We are committed to acting in your child’s best interest. We will bargain for a plea agreement if we cannot get the charges dropped. We will also thoroughly review all the relevant facts and evidence if a trial is necessary to build the best possible defense.
Do not worry about securing your child’s freedom. We are here to help! Once you initiate an attorney-client relationship with Attorney Nicole Blank Becker and her team on behalf of your child, we will work immediately to create an aggressive defense for your child. We will answer all of your questions and those of any family members. Additionally, we will offer guidance on navigating the criminal justice system, penalties, costs of medical treatments, and bail.
Call us at (248) 515-6583, or have your family member contact us to schedule a Michigan criminal defense attorney free consultation today.