We tend to think of the holidays as times of fun, celebration, parties, comfort food and companionship. Yet, things don’t always go as we hoped; and for a few of the unluckiest Americans, the holidays can be wrecked if a loved one is arrested and placed in jail.
Being arrested around the holidays presents all sorts of problems, both for the person accused of a crime and for the family members who work to get them out of jail. Unfortunately, things can be made more difficult than they would be otherwise because jails have limited staff, and our courts – like most government institutions – are closed on federal holidays.
What does this mean for someone arrested around the holidays?
Every case is different, and there are several factors that will determine how long a person stays in jail before being released, including processing time, the criminal history of the accused, and the ability of the accused or their friends or family to pay bail, to name a few. Many of these factors can be affected by the holidays.
It could be the case that bail is too expensive for the accused or for their family to afford because the holidays have depleted their funds. Perhaps friends or family members are away on the holidays and can’t be reached while their loved one sits in jail. If someone is arrested and cannot be bailed out, the time they spend in jail might be longer because the courts are closed for the holiday.
Let’s take this year as an example. In 2016, Christmas falls on a Sunday, but the next day is considered a federal holiday, meaning that courts will not be operating that Monday. If someone is arrested on Christmas, they might need to spend more time in jail than they would otherwise, either because they must wait for a court date or simply because processing will take longer.
Much of what occurs in the time between an arrest and release from jail is determined by the processes of the specific jail in which a person is placed, and these processes can vary from one region to another. Generally, a pretrial officer will interview the person who has been arrested, and the officer’s evaluation and suggestion to the court will play an important role in the time the person will spend in jail and how much it might cost to be released.
If you or a loved one are arrested around the holidays, it is important to act quickly to retain the services of a criminal defense attorney. An attorney can help you understand your options in getting your loved one out of jail and they can also offer advice that will be crucial to the future of a defendant’s case. For example, it is important for anyone who has been arrested to say as little as possible, not only during the arrest but during their time in jail. Tell the authorities that they can speak to your attorney, who will know what to do and what to say.
Facing jail time during the holidays is an extremely unpleasant experience for everyone involved. Hopefully, it won’t be a problem that you will ever have to face. However, if you do, call your lawyer as soon as possible.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.
