What can someone do if they are arrested but have serious health issues? 38 Answers as of July 08, 2013

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

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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.
Answer Applies to: Michigan
Replied: 7/21/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
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.
Answer Applies to: New York
Replied: 7/19/2011
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
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.
Answer Applies to: Massachusetts
Replied: 7/18/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
The jail must give her her medications. Beyond that, the jail may agree to release her to home monitoring. Your attorney should have a bond reduction hearing and point all of this out to the judge. The jail itself should also be alerted - having her there may be a liability they do not want to incur.
Answer Applies to: Missouri
Replied: 7/18/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
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.
Answer Applies to: Michigan
Replied: 7/18/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a criminal defense attorney in your area to represent her. Hopefully, you have also posted bond to get her out of jail. Otherwise, I assume you have already contacted the jailer about her needs. So, consult with a lawyer ASAP about helping her with her rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 7/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should tell the authorities and court personal about these health issues so that they can make whatever accommodations may be needed.
    Answer Applies to: New York
    Replied: 7/19/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    The jail will have to provide appropriate medical treatment if your daughter is in custody.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If they are in custody, the department of corrections is responsible for her health.
    Answer Applies to: New York
    Replied: 7/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I suggest that you secure a copy of her pertinent medical records and have them with you when you meet with counsel that you are considering for legal representation. It is almost certain that the attorney that you hire will be considerate and protective of the medical condition of your step-daughter and will do their best to keep the stress level down.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    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.
    Answer Applies to: New Hampshire
    Replied: 7/15/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Bond her out of jail and hire an attorney. Make sure she is getting her medication. Stress is not good for MS patients. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If she is in detention then you must notify the facility of her health problems and document her condition.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Her attorney needs to demand a jail check, if she is still in custody; if she is too ill, they might release her to go home, because counties don't want to foot the medical bill. If she is not in custody, her maladies are probably a good ground for getting some disposition other than jail, if she is found guilty. Of course, those cases, and most cases, should be fought; one should never capitulate.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    She will not have a problem unless the victim was seriously injured, The case will probably be dismissed if you retain a good criminal attorney.
    Answer Applies to: New York
    Replied: 7/15/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    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.
    Answer Applies to: Missouri
    Replied: 7/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    I'm not clear if you're asking about being detained in jail or something else. The state is required to give the appropriate and necessary medical care to a person in jail.
    Answer Applies to: Colorado
    Replied: 7/15/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    Notify the jail in writing of the medical conditions and the schedule of medicines.
    Answer Applies to: Louisiana
    Replied: 7/15/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Make sure her attorney, and if she is in custody, the health folks at the jail, know of her medical conditions.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You should inform your attorney, and he or she will advise the appropriate parties.
    Answer Applies to: Michigan
    Replied: 7/8/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    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.
    Answer Applies to: New Hampshire
    Replied: 7/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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.
    Answer Applies to: New York
    Replied: 7/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A person who is in custody and has health needs will be evaluated by physicians on staff for the jail and appropriate medications and treatment will be given them.
    Answer Applies to: Kansas
    Replied: 7/15/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    Consider posting bail for her.
    Answer Applies to: California
    Replied: 7/15/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    File a motion to get house arrest. Notify the jail nurse of all medications and doctors.
    Answer Applies to: Nevada
    Replied: 7/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You need an attorney ASAP to go to court to try and get her released or bailed. Beyond that, should the judge refuse to release her, the attorney should request electronic home monitoring (EHM) pending trial. It costs money. Last time I checked it was $15 per day but it may have gone up with the state's budget problems. She will not be able to return to her residence if the alleged victim is there. She will have to have another place to live and for EHM that place must have a land line; cell phones don't work. Beyond that, I suggest your daughter obtain an anger evaluation and a domestic violence evaluation so the court takes her seriously. The attorney you hire should have jail clearance so he or she can meet with your daughter prior to court. With her conditions, it will be important that the attorney is attentive to your daughter and readily available. She will also need your support, along with your family's to get through this difficult time with the least amount of stress and anxiety.
    Answer Applies to: Washington
    Replied: 7/15/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    If she is not get treated while she is in custody her attorney should go into see the judge with her medical records and request an order to be seen by a doctor while in custody so she can get treated immediately. Also you need her attorney to request a bail review hearing to try to argue for reduced bail so she can try to bail out or be released on her own recognisance. If she gets sentenced to jail time there are many alternatives to jail to consider, such as house arrest or community service in lieu of jail.
    Answer Applies to: California
    Replied: 7/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    They need a good defense attorney that can handle these issues.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    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.
    Answer Applies to: California
    Replied: 7/15/2011
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