My Friend or Family Member Was Just Arrested — What Should I Do?
When someone you love gets arrested, it’s shocking, confusing, and scary — especially if you’ve never dealt with the criminal justice system before. Whether it’s a partner, child, sibling, or best friend, one moment you’re texting them… and the next, they’re not answering and you hear they’re in custody.
We get calls like this frequently. Here is a quick breakdown of what you should do right away, what happens next, and how you can support them — legally and emotionally.
1. Don’t Panic — Get the Facts First
Easier said than done. But try to stay calm. The first thing you want to do is gather as much information as you can:
Where were they arrested?
What police agency is involved? (City Police, RCMP, etc.)
What are they being charged with, if anything?
Have they been released or are they still in custody?
If they were taken into custody, they might be held for a bail hearing within 24 hours, depending on the seriousness of the charge, criminal history, or at the discretion of how police choose to proceed on the release process.
2. Don’t Try to Contact Them Directly in Custody
Most detainees are not at liberty to make calls. You can contact the law enforcement agency or arrest processing unit and give them the necessary information for the detainee to call you back.
If they call you, be supportive — but don’t ask questions about the incident, and don’t encourage them to explain themselves. Just remind them that you’re there for them and that you’re getting them a lawyer. It is up to the lawyer to advise them about what to do and what, if anything to say.
3. Contact a Criminal Defence Lawyer Immediately
This is the most important step.
You don’t need to know all the legal details. Just call a defence lawyer who handles criminal cases and let him/her take over. A lawyer can:
Contact the person in custody and gather the necessary information
Advise them of their rights
Help them at the bail hearing or negotiate release conditions with Crown counsel or prepare for a hearing
At Patmore Defence, we answer calls 24/7 and can act fast if someone is being held. It is advisable to get a lawyer involved early, before mistakes are made or rights are unknowingly forfeited.
4. What Happens Next?
Here’s a quick look at the general process:
Arrest: The detainee is taken into custody and booked.
Bail Hearing: If not released right away, the detainee will have a hearing within 24 hours (sometimes by video).
Conditions: If released, the detainee will likely have conditions (no contact, curfew, etc.).
First Court Appearance: Usually set for a few weeks later. This is when a lawyer can formally go on record and appear and begin requesting disclosure (evidence) and strategize for next steps.
Negotiation or Trial: The case is either resolved early (through negotiation, diversion, etc.) or proceeds to trial.
This process can take months, so it is important to have legal support early and consistently.
5. How You Can Help as a Friend or Family Member
You’re already doing a lot just by being present and trying to figure out the next step. Here are a few other ways to support them:
Help them gather documents and pertinent information regarding a release plan (employment, housing, sureties, community supports etc.)
Make sure they attend all future court dates and attendance for identification
Don’t post anything on social media about the arrest or incident, and keep information confidential
Final Thoughts
Being arrested does not mean someone is guilty. And it does not mean life comes to a grinding halt. But what happens before and right after the arrest can make a drastic difference in the outcome, without proper legal guidance.
If someone you care about has just been arrested in Alberta, BC, or Saskatchewan, we’re here to help.
Free consultations. Fast response. 24/7 availability.
📞 Call or text Patmore Defence: 403-909-4822
🌐 www.patmoredefence.com