The arrest of a family member or friend can be very upsetting. Trying to figure out what to do and where to start can feel overwhelming. Here are some steps to take to help your loved one through the situation.
If you don’t know which jail your loved one is being held in you can use an online inmate locator.
Handling Medication
If your family member requires medication, he should inform the jail staff. If he has not informed the jail staff, you should ask his psychiatrist to contact them. Although there’s no privacy law restricting a medical professional from sharing information with jail staff, some will refuse. If that happens, you should make contact with your family member’s doctor. It is best to do this in writing and then follow up with a phone call. This will ensure a written record of your request. Your request should be to the point and include:
- Your loved one’s diagnosis
- The type of medication
- Contact information for their doctor
- Your contact information
Is Your Family Member Being Mistreated?
If your family member is being mistreated in jail, you should start by contacting your state’s protection and advocacy agency, which is responsible for protecting the rights of individuals with disabilities. You can also contact your state’s affiliate of the American Civil Liberties Union (ACLU).
Going to Court
The arrest of a family member may mean he or she needs to appear in court. Knowing what to expect can help you provide the most support for your loved one and hopefully lead to the best outcome.
Working with an Attorney
Most people charged with crimes are assigned a public defender. Here is what you should do:
- Make contact with the attorney. This can be hard as attorneys are often in court all day, so call early in the morning or during lunch. If you can’t reach her, call her office and ask for a fax number or email address.
- Attend the initial hearing. Introduce yourself to the public defender. Be brief, polite, and thank him. Let them know that you're happy to provide whatever information would be helpful to him. If your efforts are rebuffed, you can be more forceful and mail a brief summary (no more than three pages) of your loved one’s medical information to the public defender’s office.
- Ask the attorney to consider any jail diversion or pre-trial release programs. There may be a jail diversion program, mental health court or other program to help defendants with mental illness in your community.
Remember that the public defender works for your family member, not you. You can ask your loved one to sign a release that allows the attorney to share information with you. However, he may refuse and there’s little the attorney can do.
You can also hire a private defense attorney who has experience working with clients with mental illness.
Preparing for a Court Appearance
If your loved one is released, he may still need to appear in court. If he does not want to appear in court, you can ask the attorney if there’s a way that the hearing can continue without his presence.
If he needs to attend here are some things you can do to make the experience easier.
- Have a friend drop you off and pick you up at the door of the courthouse.
- If you must drive, arrive early to make sure you can find parking.
- Be aware that security guards may ask you to remove your belt and jacket and search any bags. If your loved one will be upset by these procedures, ask if you can carry these items into the courthouse on his behalf.
- Bring food and medicine, if needed, since you may be in court for several hours.
- Dress nicely. This will make a good impression on the court and show that you are taking the hearing seriously.
Criminal Justice Resources
Consensus Project
The Consensus Project is a project of the Criminal Justice/Mental Health Information Network coordinated by the Council of State Governments Justice Center. It is an unprecedented, national effort to help local, state, and federal policymakers and criminal justice and mental health professionals improve the response to people with mental illnesses who come into contact with the criminal justice system.
The landmark Consensus Project Report, which was written by Justice Center staff and representatives of leading criminal justice and mental health organizations, was released in June 2002. Since then, Justice Center staff working on the Consensus Project have supported the implementation of practical, flexible criminal justice/mental health strategies through on-site technical assistance; the dissemination of information about programs, research, and policy developments in the field; continued development of policy recommendations; and educational presentations.
Criminal Justice/Mental Health Information Network
The Criminal Justice/Mental Health Information Network (InfoNet) builds and expands on previous efforts to collect program information as a resource for policymakers, practitioners, and advocates working to improve outcomes when people with mental illnesses come into contact with the criminal justice system.
Evidenced-Based Practices: Shaping Mental Health Services Toward Recovery
The goal of Assertive Community Treatment is to help people stay out of the hospital and to develop skills for living in the community, so that their mental illness is not the driving force in their lives. Assertive community treatment offers services that are customized to the individual needs of the consumer, delivered by a team of practitioners, and available 24 hours a day. This link to the SAMHSA Evidenced-Based Practices page provides a number of documents that will help to implement an Assertive Community Treatment program.
Hiring a Lawyer
You may have a legal problem and not know how to resolve it. Lawyers have been specially trained in the law and our legal system. And the right lawyer can advise and assist you with your particular problem.
If you are facing criminal charges or a lawsuit, for example, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. And a lawyer can make a big difference in whether or not your side of the story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for bankruptcy or draw up a will. Or, if you have been seriously injured or mistreated, a lawyer can help you file a lawsuit. Some lawyers handle a variety of legal problems; others specialize in certain areas of the law.
In some instances, failing to call a lawyer immediately can make the situation worse. If you are arrested or involved in a serious auto accident, for example, someone should interview the witnesses and gather evidence as soon as possible.
In other situations, preventive legal advice could save you time, trouble and money by preventing legal problems before they arise. Take, for example, the purchase of your family home or car. You might have a problem in the future if you sign the purchase agreement without completely understanding it. Or maybe you are launching a business with a partner. A lawyer could point out the advantages and drawbacks of various partnership arrangements.
These are just a few of the many situations in which lawyers can provide advice and assistance.
Legal Definitions
Legal Definitions are provided for public use and knowledge.
US Legal, Inc provides legal information in the form of Questions & Answers, Definitions, Articles, Blogs and Reporting on various subjects in the United States legal field. You can also find an attorney or buy legal forms for Pro Se representation. US Legal seeks to simplify and break down the barriers to legal information. Click here.
Legal Glossary
Nolo is the nation's oldest and most respected provider of legal information for consumers and small businesses. This listing takes you to the Nolo glossary of legal terms.
Mental Health Courts
Mental health courts have spread rapidly across the country in the few years since their emergence. In the late 1990s only a handful of such courts were in operation; as of 2007, there were more than 175 in both large and small jurisdictions. The links on this page address a series of commonly asked questions about mental health courts. Click here.
National Institute of Mental Health (NIMH)
NIMH Vision
NIMH envisions a world in which mental illnesses are prevented and cured.
NIMH Mission
The mission of NIMH is to transform the understanding and treatment of mental illnesses through basic and clinical research, paving the way for prevention, recovery and cure.
For the Institute to continue fulfilling this vital public health mission, it must foster innovative thinking and ensure that a full array of novel scientific perspectives are used to further discovery in the evolving science of brain, behavior, and experience. In this way, breakthroughs in science can become breakthroughs for all people with mental illnesses.
In support of this mission, NIMH will generate research and promote research training to fulfill the following four objectives:
- Promote discovery in the brain and behavioral sciences to fuel research on the causes of mental disorders
- Chart mental illness trajectories to determine when, where, and how to intervene
- Develop new and better interventions that incorporate the diverse needs and circumstances of people with mental illnesses
- Strengthen the public health impact of NIMH-supported research
To reach these goals, the NIMH divisions and programs are designed to emphasize translational research spanning bench, to bedside, to practice. For targeted priorities and funding initiatives, please visit our division websites
SAMHSA Mental Health Dictionary
The Substance Abuse and Mental Health Services Administration (SAMHSA) maintains an extensive dictionary of medical and mental health terms and definitions on their website. Click Here
