The arrest of a family member is always distressing. When your family member suffers from a mental illness, the pressures on the family are exacerbated and it can seem overwhelming.
If your family member has been locked up, you may not even know his or her whereabouts. Once the relative has been tracked down, the issue of medication becomes a pressing one.
If your relative requires medication, he or she should inform the jail staff. This may not always happen. If the jail staff has not been informed you should ask your relative’s psychiatrist to contact the jail. In cases where the jail fails to work with a psychiatrist, contact your family doctor. Ensure a written record is made of your request.
Often relatives panic after the arrest of a mentally ill family member. Although it’s understandable to want to get your relative medication fast, you should be methodical in your approach. The National Alliance on Mental Illness (NAMI) suggests your request should contain the following information:
- The diagnosis of your loved one
- The type of medication required
- Contact information for their doctor
- Your contact information
Every year, as many as 2 million people with mental illnesses are booked into jails. Often the arresting officers have little comprehension of their illnesses. Your family member may be bewildered and have no idea of the nature of the charges being brought or their implications.
In these cases, it’s important to contact an attorney with decades of experience in defending the mentally ill from the outset. An attorney can protect the rights of people suffering from a wide range of conditions and help ensure they are not being abused by the system.
Family members who fear their loved one is being mistreated can also contact their state’s protection and advocacy agency and the American Civil Liberties Union.
Relatives can help their loved one by getting them out of a cell as quickly as possible. Jails in Arizona house many people with mental disorders who were arrested on misdemeanors but cannot afford bail. After an initial appearance, the judge will usually bail the defendant on a cash-only bond or a secured appearance bond. A cash-only bond is where the entire amount must be tendered in cash. A secured appearance bond is where some of the bond amounts can be satisfied in terms of assets that can be provided, as well as typically 10 percent in cash.
Family members can help by providing cash or assets to get their loved one out of jail as quickly as possible. It’s important for family members to stay involved in the process and make sure the defendant shows up to scheduled court appearances.
Family members should work closely with the attorney. Ideally, make contact with the attorney at an early stage and leave contact details if the attorney is not immediately available.
You should attend the initial hearing and introduce yourself to the lawyer or the public defender appointed in the case. Inform the lawyer you are happy to help. Provide brief details of your loved one’s medical details in writing.
Talk to the attorney about jail diversion programs and alternatives like mental health courts. Stay in regular communication with the lawyer. You should be aware the lawyer represents the defendant and may not be able to share all relevant information with family members. You can ask your loved one to sign a release that allows legal counsel to share information with you.
The criminal justice system in Arizona is tough for defendants. It’s particularly difficult for those with mental illness. Family members play a vital support role and can work effectively with attorneys.
I have more than 25 years of experience as an Arizona mental illness defense lawyer. I’m well aware of the importance of families after the arrest of a defendant with mental illness. Please call me if your loved one has been arrested at (602) 340-1999.
