A Loved One Was Just Taken Into Custody: What To Do Immediately

The phone call nobody wants: your spouse, your child, your parent has been arrested. Your mind races. What do you say? What do you do? Who do you call?

Take a breath. What happens in the next few hours can shape the entire case — and the single most important thing you can do is get an attorney involved immediately.

Step one: stay calm and gather basic information

Find out where your loved one is being held, what they are charged with, and when their arraignment is expected. In Rockland and Orange County, arraignments often happen within hours of an arrest — sometimes the same day. Write everything down.

Do not argue with officers, and do not try to investigate the case yourself. Anything you say to police can become part of the record.

Step two: tell your loved one to say nothing

This is critical. If you speak with your loved one — by phone or in person — give them one instruction: do not answer questions, do not explain, do not "clear things up." They should politely say: "I want a lawyer. I am choosing to remain silent."

Assume every call from a police station or jail is recorded. Those recordings are regularly used as evidence. Save the details for the attorney.

Step three: call an attorney before the arraignment

An attorney can often intervene before the first court appearance — and that changes everything. Once a lawyer is involved, police must stop interrogating your loved one. No more questions, no more pressure, no more statements that can be twisted later.

At the arraignment, the judge will set bail or release conditions. Having counsel present — someone who knows the local judges and prosecutors — can mean the difference between going home and being held.

Step four: do not post about it

Do not post on social media. Do not text friends about what happened. Do not contact the alleged victim or any witnesses — that can lead to new charges, including witness tampering or criminal contempt if an order of protection is issued.

Step five: preserve everything

Keep every document, text message, and piece of paperwork. Write down a timeline of what you know while it is fresh. Your attorney will use all of it.

Why "immediately" is not an exaggeration

Evidence disappears. Witnesses' memories shift. Statements made in the first hours — often scared, confused, and without counsel — become the backbone of the prosecution's case. An attorney who gets involved right away can shut down interrogation, protect bail arguments, and start building the defense before the other side has finished writing its report.

Yvonne Garbett is a former Assistant District Attorney with 24 years of experience. She knows exactly what the prosecution does in those first hours — because she used to be the one doing it.

Get Help From the Law Office of Yvonne Garbett

If you or a loved one is facing a criminal charge, a DWI, or a family law matter in Rockland, Orange, or Westchester County, don't wait to get answers. The Law Office of Yvonne Garbett offers service in English and Spanish.

- Visit garbettlaw.com (https://garbettlaw.com) to learn more

- Call or text 845-290-2492 to talk about your next steps

Help is available in English and Spanish — reaching out is the first move toward protecting your future.

This article provides general information about New York law. It isn't legal advice for your specific case.