TRUTH PHARM’S TIPS:

Grab a folder and a notebook and start keeping copies of all correspondence in it.
Every time you make a phone call, leave a voicemail, write a letter, keep a record of it in your note book. Write down the date, time, phone number, who it was and what was said.
If your loved one was addicted to a substance and is sent to jail, contact the jail as soon as possible to tell them you’re concerned for your loved one’s safety due to withdrawals and you request that they get the medical attention needed. This is best done in writing via email if you can find an email address for the jail as this creates a record of the contact. If you cannot find an email address, call them, tell them your concerns and then write a brief letter to the jail documenting the phone call and send it to them. Keep a copy for yourself.
If your loved one was on any prescribed medications for health conditions, contact the jail right away following #3 above. Ask your loved one if they are getting their prescribed medications. If they are not, document it, contact the jail again. You can also contact the prescribing physician and ask them to fax health a release to the jail for your loved one to sign, then the prescription information can be sent to the jail directly.
If you can afford a private defense attorney, hire one. Many defense attorneys will often negotiate the fee with you and you can even ask for a flat fee based on the charges. If you are the one paying for the attorney, now is the time to bargain with your loved one and tell them you’ll hire the attorney, but your loved one needs to sign a release so that the attorney can speak freely with you throughout the process.
Try to attend the arraignment hearing. If you hope to have your loved one sent home, offer to help supervise your loved one upon release. If the jail is moving forward with bail, request it be set at an amount you can afford.
If you were not able to afford a private attorney, contact the public defender’s office, ask who will be assigned and when they will be making contact with your loved one. Talk to your loved one and ask them to sign a release so you can help in the communication process.
Find out who the judge will be overseeing your loved one’s case.
Start writing letters and soliciting letters of support from family members and friends to give to the attorney defending your loved one and to send to the judge. Ask family members and friends to send those letters to YOU to review before having them sent off. You want to review them to ensure they suit your purposes. If you like and trust the defense attorney, give them to him and ask if he thinks you should send them to the DA and Judge. If you’re unsure if you trust the attorney, send them to both the judge and the defense attorney. The DA is always questionable.
The letters of support:
1. Be careful not to give incriminating evidence against your loved one. For example, don’t say, “Sara was only selling drugs to support her habit.” If the charges are for dealing, rather than a statement like that (that seemingly admits guilt), you could say, “Anything Sara has done has been a result of her needing treatment for her addiction.” Or, avoid that topic all together and focus on the addiction and need for treatment.
2. Tell them who your loved one was prior to addiction.
3. Tell of the struggles to obtain help, if they have attempted to get help and were denied, unable to find it, it was inadequate, insurance wouldn’t pay, etc.
4. Tell them you don’t want your loved one to have a criminal record.
5. If your loved one has children, a house, rent, apartment, pets, a car, etc., tell them how all of those things are at risk if they face incarceration.
Find out if there are any advocacy groups in your area that help advocate for persons addicted or persons incarcerated. Contact them and find out what services or assistance they can offer.
If your loved one is incarcerated, be sure to document anything they you about their conditions – neglect, abuse, etc. If they report significant issues, find out if there is a local legal advocacy organization for rights of those incarcerated.
Attend every court hearing you can possibly attend. Sit near the front.
Visit your loved one in jail if you can. If you cannot, send someone who can.
If you have conversations with them about their addiction or substance use, avoid telling them what they have to do and instead ask them what they hope to do. Conversations will usually go in a better direction this way.
Ask your loved one if they’re interested in trying to be transferred to inpatient treatment instead of jail. If yes:
1. Notify the defense attorney immediately and ask them what specific steps they will take to help – and what steps you can take to help. Often, the request is made, but the attorneys don’t have the time to pursue that avenue, so a person may wind up serving a maximum sentence before anyone takes the steps to transfer them to treatment. Offer to help with the process if need be.
2. If they need your help, find out what facilities in your area (or slightly beyond your area) offer long term treatment (3 months or more). Most judges want to be offered a facility that can offer longer care than 28 days.
3. Call those facilities and ask what the process is to have your loved one transferred from jail to their facility. Most facilities will ask for a full psych-social evaluation. The facility may or may not be able to provide it themselves in the jail. There may or may not be a fee from the facility. Some county mental health departments, or the jail themselves, may offer the evaluation. Call to find out. If none of these provide an evaluation at the jail, you can hire someone to provide one. The attorneys usually know of a resource.
While your loved one is in jail:
1. Encourage them to remain hopeful.
2. Clean their room if they live with you, removing substances you’re concerned about.
3. Get a Naloxone kit.
4. Find resources in your area for when they return home.
5. Take a rest.