What to Do in the First 24 Hours After a Loved One Is Arrested

In the first 24 hours after a loved one is arrested, focus on four things: find out where they are being held, get their booking number, learn whether bail has been set and for how much, and decide whether to call a bail agent, an attorney, or both. While you work on that, keep phone calls with the person in jail short and about logistics only, and line up care for any children, pets or work obligations they left behind.

You do not have to do everything at once. Use the checklist below in order, and write things down as you go.

1. Take a breath and write down what you know

Before you start calling, grab a notebook or open a note on your phone. Write down the person's full legal name (including any middle name or second last name), their date of birth, and where and roughly when they were arrested. If you know which agency made the arrest, such as a city police department, the Sheriff, or the Highway Patrol, write that down too.

Every jail search, bail agent and attorney will ask for these details. Having them in one place saves time and avoids mistakes.

2. Find out where they are being held

In Southern California, most adults are booked into a county jail run by the Sheriff, even if a city police department made the arrest. Each county Sheriff has an online inmate lookup. Search by name, and add the date of birth if the site allows it.

If the person does not show up yet, that is common. Booking takes time, and San Diego County's Sheriff notes that people are sometimes held at a police station for a few hours before they are taken to jail. Check again in an hour or two, or call the jail's information line.

Our guide on how to find someone in jail in Southern California lists the official lookup tools county by county.

3. Get the booking number

The booking number is the single most useful piece of information you can have. It is how the jail, the court and a bail agent identify the person. You will usually find it in the online lookup. If the person calls you, ask them for it.

From the same lookup, also note:

• The facility where they are held
• The charges listed
• The bail amount, if one is shown
• Any court date and courthouse

4. Find out about bail

For many charges, bail is set from the county's bail schedule, which the judges in each county adopt every year under California Penal Code section 1269b. If the arrest was on a warrant, the bail amount is usually on the warrant. Some charges are not eligible for bail from the schedule and require a judge to decide first.

Some people are released without paying anything, on a citation or a written promise to appear. Others are released by a judge on their own recognizance. So "no bail amount listed" can mean several things. A bail agent or the jail can tell you which situation applies.

If bail is set, you have two main ways to post it: pay the full amount in cash to the jail or court, or work with a licensed bail agent, who posts a bond for the full amount. A bond premium is typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. Our page on how bail works walks through both options.

5. Decide who to call: a bail agent, an attorney, or both

A bail agent and a defense attorney do different jobs.

• A bail agent helps get the person released by posting a bond. The agent can check the bail amount, look for holds that might block release, and handle the paperwork with the jail.
• A criminal defense attorney advises on the case itself. An attorney can ask a judge to lower bail or grant release without bail, and can speak with the person privately.

Many families contact both. If money is tight, know that a person who cannot afford a lawyer can ask the court for a public defender at the first court date.

Before signing with any bail agent, ask for their California license number and check it on the California Department of Insurance website. A legitimate agent will give it to you right away.

6. Be careful on jail phone calls

Under California Penal Code section 851.5, a person who is arrested has the right to make at least three completed phone calls right after booking, and no later than three hours after arrest except where that is physically impossible. Those calls can go to an attorney, a bail agent, and a relative or other person.

The law says the call to an attorney may not be monitored or recorded. Other calls are a different story. Jails in California commonly record inmate calls. For example, San Diego County Sheriff's policy states that all inmate telephone calls are recorded, except calls to verified attorney, physician or religious advisor numbers.

Assume anything said on a jail phone can be heard by others and may be used in court. On these calls:

• Do talk about logistics: where they are, the booking number, who to call, bills, kids and pets.
• Do tell them you are working on it and that they should be polite and patient with staff.
• Do not ask what happened or discuss the arrest, the charges, or anyone else involved.
• Do not pass messages to witnesses or anyone connected to the case.

The same caution applies to jail video visits, text-style messaging services and letters. Save the case details for a private conversation with an attorney.

One practical note: some jails now call out from numbers that phone carriers flag as spam. If you are waiting for a call, answer unknown numbers for a while.

7. Take care of what they left behind

An arrest is sudden, and life outside does not pause. Make a short list of what needs attention in the next day or two.

Children

If the person is a custodial parent of a minor child, Penal Code section 851.5 gives them the right to two additional phone calls to arrange care for the child. If you are the one stepping in, make sure the children are with a safe adult, and let their school know who will pick them up.

Pets

Check on any pets at home. Arrange feeding, walks and medication with a neighbor, friend or family member who has a key.

Work

If the person is scheduled to work, someone may need to call their employer. Keep the message simple: they have a family emergency and will be in touch. You do not need to explain more than that.

Car, home and bills

If their car was left somewhere or towed, find out where. Lock up their home, and note any bills or rent that will come due soon.

8. Know when the first court date happens

If the person stays in custody, the first court date is the arraignment. California Penal Code section 825 requires that they be taken before a judge without unnecessary delay, and in any event within 48 hours after arrest, excluding Sundays and holidays.

That means an arrest late in the week or before a holiday weekend can lead to a longer wait. It is a legal deadline, not a promise of when the person will be released. At arraignment, the judge reviews the charges, addresses whether the person has a lawyer, and decides on bail or release conditions.

If the person is released before arraignment, they will receive paperwork with a court date and courthouse. Keep a copy, put the date on your calendar, and help make sure they show up. Missing court can lead to a warrant and a forfeited bond.

A quick 24-hour checklist

1. Write down full name, date of birth, and where and when the arrest happened.
2. Look the person up on the county Sheriff's inmate search.
3. Record the booking number, facility, charges, bail amount and court date.
4. Call a licensed bail agent and verify their license.
5. Contact a criminal defense attorney if you can.
6. Keep jail calls to logistics only.
7. Arrange care for kids and pets, and notify work if needed.
8. Note the arraignment timing and plan to be there.

If the arrest happened in Riverside County, our post on what happens after an arrest in Riverside County goes deeper into the local process.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

OnCall Bail Bonds' licensed agents answer 24/7 in English and Spanish, and you can sign from your phone. Call (951) 339-3801 or start bail online.