What Should I Do if My Spouse Gets Arrested in Illinois?

 Posted on April 26, 2022 in Criminal Defense

When your spouse gets arrested, especially if it is the first time, your first reaction may be one of confusion and you may have many questions. Are they guilty? What are the consequences if they are convicted? What does this mean for my family? And - perhaps more pressing - what do I do now? Taking quick, effective action is essential for protecting your spouse and ensuring they get the criminal defense they need. Here are some important first steps to take when someone you love has been arrested for committing a crime in Will County. 

Encourage Your Spouse to Remain Silent

People who have been arrested often believe that they can explain themselves out of a situation and that the arresting officer or jail employees will be reasonable if the arrestee is friendly and polite. Unfortunately, this is just not true - and everything your spouse says may be used against them later on. As soon as you speak to your spouse, encourage them to stay quiet and only talk to an attorney about their case. 

Post Bail

There are many reasons to get your spouse out of jail quickly, even if you are upset with them. The more time your spouse spends in jail, the greater the chance that they could say something that might hurt their case. Jails can record inmates in many different situations, including when you meet with them. Do not talk about your spouse’s case on the phone or in person at the jail. To post bail for your spouse, you will need to go to the Will County Adult Detention Facility’s Bond Lobby and pay for bail using cash or credit card.  

Hire a Great Criminal Defense Lawyer

Although you may be able to secure a public defender, PDs are usually overworked and cannot give each case the attention and strategic planning it deserves. A private attorney can try to get the case against your spouse dismissed, or, if this is unsuccessful, help prepare your spouse for trial and make a compelling case against the prosecutor’s evidence. 

Can I Just Have a Friend Represent My Spouse in Criminal Court? 

If you have had a friend who claims to know a lot about the law offer to represent your spouse in court, he or she either does not understand the law as well as they claim to or is trying to trick you. No person who is not an attorney can represent someone else in court. Likewise, you cannot appear at a court date on behalf of your spouse or anyone else. Your spouse can, however, represent themselves if they do not want to hire an attorney, although this is generally not a good idea for many reasons. 

Call a Joliet, IL Criminal Defense Attorney 

When bad things happen to good people, you want the experience and skill of a Joliet criminal defense attorney. At McNamara Phelan McSteen, LLC, our team understands that you may be processing some difficult emotions during this time. We can handle the legal details and provide our clients with aggressive representation so you can focus on making sure you and your family have what you need. Call us now at 815-727-0100 for a free consultation. 

Sources: 

https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1853&ChapterID=50 

https://www.willcosheriff.org/corrections/information-for-friends-and-family