Getting a Friend Out of Jail

If you receive a phone call in the middle of the night from a friend telling you that he/she is in jail, it’s helpful to be armed with some basic knowledge about how to handle the situation.

First, assume that your conversation over the phone is being recorded by police, and that it will be used as evidence in court. This isn’t necessarily always true, but wouldn’t you rather make the safer assumption? In other words, don’t say anything (or encourage your friend to say anything) that you wouldn’t want played on tape in a courtroom in front of a judge.

If your friend can wait a day or two to get out, it might be beneficial to speak with an attorney before posting bail. There are a number of reasons for this. Chiefly, a criminal attorney may be able to help get bail reduced, or even get your friend out of jail without the need to post bail.

The key is to stay calm and say as little as possible to police without an attorney present.

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Probable Cause

In order for a police officer to place a suspect under arrest or conduct a warrantless search, probable cause must be established.

Probable cause is legally defined as “a reasonable belief that a person has committed a crime.” There are a number of different circumstances which are likely to be recognized in court as probable cause. For example, if the police have stopped you for a minor traffic violation and can see evidence of contraband in plain sight, this constitutes probable cause to conduct a search. In some cases, this may be sufficient to make an arrest. When an arrest has been made, officers may legally search the interior of the vehicle as well.

Note that probable cause is not sufficient for a criminal conviction. In order to secure a conviction or “guilty” verdict, guilt must be established “beyond a reasonable doubt.” This is a higher standard and is required by the United States Constitution.

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