What can someone do if they are arrested but have serious health issues?

Question

My step daughter got arrested on a domestic dispute and I'm very worried because she has M.S. and seizures and panic attacks.

Jules N. Fiani · Answer

You should inform your attorney, and he or she will advise the appropriate parties.

Jacob P. Sartz · Answer

This answer does not contain specific legal advice. If you need specific legal  advice for your particular circumstances, please retain an attorney to assist  you. Most attorneys provide free initial consultations.   Speaking generally, the easiest way for a person in custody awaiting disposition  of their case to address any medical issues is to simply post their bond so they  can continue their own treatment. Posting a bond will allow the charged  individual to stay out of custody as the case proceeds as long as they comply  with the terms and conditions of their bond. Bonds may be posted either through  the court or by hiring a bondsman who will put up collateral to post the bond.  If bond is posted with the court, that money will applied to the charged  individual's case. If the money is paid to a bondsman, the bondsman keeps the  entire payment. Further, in certain instances, bond may reduced or increased by  the filing of a motion by either the prosecutor or defense.   Unless the charges are felonies or the person has a lengthy criminal history,  most bonds for misdemeanors are either personal recognizance or relatively  smaller cash amounts. If a person has to remain in custody as a case progresses,  jails have access to medical resources. The important issue is to make sure that  the staff at the jail know the full extent of any medical issues and that the  medications continue to be properly administered.

Theodore W. Robinson · Answer

If she is in jail,have the attorney who represents her ask for medical  evaluation and attention and give them the medication she takes. Good luck.

Gregory Casale · Answer

Your daughter, through her attorney, should have her doctors document her conditions and any special needs she may have as a result of her maladies. Her attorney should be able to assist her with this.

Michael J. Breczinski · Answer

The judge and the jail (If she is incarcerated)should be told of the  conditions. This is so they can make accomemdations. A good attorney can help.

Andrew Subin · Answer

The jail will have to provide appropriate medical treatment if your daughter is in custody.

Leonard Harden · Answer

If your step daughter has serious health issues and is in custody, the HOC should make sure she is taken care of.  I would assume if it is a simple assault that she would be released on bail and it should pose no problems. If problems persist you can contact the superintendant of the HOC and provide him with a letter from primary doctor indicating the medications required.  Good luck.

Michael Palumbo · Answer

If they are in custody, the department of corrections is responsible for her health.

Craig Elhart · Answer

Once in custody of the county sheriff, the sheriff is responsible to see that proper medical care is provided to his/her prisoners.  Your daughter is entitled to competent medical care while in jail.  If she has insurance, they may require that her insurance be billed for this care.  Typically, when a person has serious health problems and they can safely be placed on bond pending resolution of the case, they will be placed on bond and released.

Roianne Houlton Conner · Answer

If she is in detention then you must notify the facility of her health problems and document her condition.

Michael Nack · Answer

First of all your step daughter needs to hire the very best criminal  defense attorney she can afford. The attorney can make the entire legal process  as comfortable as possible for her, and her medical condition will be accommodated.

Cynthia Henley · Answer

Is she in jail? Make her bond!!! If she is a first offender, she might qualify for a personal bond if you cannot afford a bond.  Panic attacks are not life threatening but MS could be. If you cannot bond her out and she cannot get a PR bond, then provide documentation to the jail medical division regarding her health problems.

James Schoenberger · Answer

Make sure her attorney, and if she is in custody, the health folks at the jail, know of her medical conditions.

Terry Nelson · Answer

Immediately notify the jail in writing of her specific medical issues, needs, and medications.  Provide them her doctors contact info and a report from him to the jail. Take any needed meds to the jail and try to get them to take them. Worst case scenario is that you have to file a motion for medical attention order from the court.

Jared Austin · Answer

Make sure she has her proper medication with her at the jail. Call and talk to one of the deputies to ask about what the procedure is and what you need to bring, i.e. prescription proof. Make sure to let her attorney know and this possibly a motion that can be made or an argument for low bail or a PR bond.

Jared Altman · Answer

It is vital that the person arrested and, if possible, that person's immediate family make the authorities aware in writing of all health issues and medications that the person is taking.  The authorities must take reasonable steps to care for an ill person in custody. That doesn't mean exemplary or excellent care, just reasonable care. Quite frankly, sometimes "reasonable" care is so subjective that the ill person and that person's family rarely agree that proper care was given.

Andrew Myers · Answer

Law enforcement has a duty to make reasonable accommodation to those held in custody.  They will ask how it is that with such disabilities she was in a position to become subject to arrest and custody, if she was in fact detailed in a facility.  While this does not change the requirement of providing reasonable accommodation, it is a fair question.

Paul J. Wallin · Answer

When you retain a lawyer you need to bring in all of her medical history so that the lawyer can advocate for "alternative sentencing" to avoid your stepdaughter from having to do jail time. There are many alternatives to jail time that an experienced criminal defense attorney can discuss with you. In some cases a persons medical condition might be a possible defense to the charge if it negates the required intent.

Timothy Klisz · Answer

They need a good defense attorney that can handle these issues.

James Edward Smith · Answer

File a motion to get house arrest.  Notify the jail nurse of all medications and doctors.

Mary Bird · Answer

Consider posting bail for her.

Stephen Freeborn · Answer

Make sure that the arresting agency knows her needs. If she has nothing on her record, then after booking her into jail, they will probably release her after giving her notice of her next court date.

Joseph Dane · Answer

The jail is responsible for providing for their safety and medical needs, but an attorney could try to arrange a substantial reduction in bail if not a release on their own recognizance.

Stephen Klarich · Answer

You would have to contact the watch commander at the jail and seek special treatment. Certainly it would be wise to contact her attorney and make it known to them that she is ill and maybe they can seek a court order to get her to see a doctor at the jail. Unless she can bail out, she will be left in the hands of a jail doctor.

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What can someone do if they are arrested but have serious health issues?

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