Getting arrested is never expected — especially not in the middle of the night or during a holiday weekend. But if it happens, being informed can make a big difference. During these off-hours, courts may be closed and delays are more likely, so here’s what you need to know if you or someone close to you is arrested after hours or on a holiday in the U.S.
Stay Calm and Cooperative
First and foremost, stay calm. Don’t argue or resist, even if you think the arrest is unjust. Anything you say or do could be used against you later. It’s best to be respectful and quiet. Avoid saying anything that might be misinterpreted. For additional help, check out our article “16 Mistakes to Avoid After an Arrest.”
Use Your Right to Remain Silent
You are protected by the Constitution — you don’t have to answer any questions beyond your name, address, and date of birth. Be direct: “I am using my right to remain silent. I want a lawyer.” Avoid small talk or trying to explain your situation — let your attorney handle that.
Ask for an Attorney Immediately
No matter what time it is, you have the right to legal counsel. If you can’t afford a private attorney, ask for a public defender. You might not speak with one right away, but making the request is crucial. Never speak to the police without your lawyer.
Prepare for Possible Delays
Arrests during nights or holidays often come with delays. Here’s what to expect:
- Booking: You’ll be processed, fingerprinted, and photographed.
- Holding: You might stay in custody until the courts reopen, especially if bail hasn’t been set.
- Arraignment: If it’s a weekend or holiday, seeing a judge may take longer — possibly until the next business day.
Make Your Phone Call Count
You’re usually allowed one phone call a few hours after being arrested. Use it to contact a trusted person or a lawyer. Let them know where you are and that you need help. Keep in mind that these calls can be recorded, so don’t talk about the details of your case.
Tip: Memorize at least one key phone number. You likely won’t have access to your phone’s contacts.
Bail Might Take Time
In some cases, bail is set based on a preset schedule, especially for minor offenses. But if you’re arrested at night or on a holiday, there may be no judge available to set bail until court resumes. Some areas have after-hours judges; others don’t. If bail is allowed, a 24/7 bail bond agent can help you move forward.
Remember the Details
Try to mentally note the key parts of your arrest:
- Officer names and badge numbers
- Where and when it happened
- What was said or done
- Whether you were read your Miranda rights
These details can help your attorney build a defense.
How a Bail Bondsman Can Help After-Hours
If you’re arrested when courts are closed, a bail bondsman can be a lifesaver. Many provide 24/7 service (like we do), meaning you don’t have to wait until morning or after a holiday to get help.
Here’s how they assist:
- Posting Bail Quickly: Bail for many offenses is set on a schedule. This allows the bondsman to post bail immediately without waiting for a court hearing.
- Affordable Payment Options: Instead of paying the entire bail amount yourself, you usually pay a small portion (12% in Louisiana).
- Legal Guidance: Experienced bail agents can walk you through the process and communicate with jail staff and law enforcement to help speed things along.
When you have access to a trusted, round-the-clock bail service, you gain peace of mind. Whether it’s a late-night arrest, a holiday event gone wrong, or a weekend incident, help is available to get you out and home faster.
Final Thoughts
Being arrested outside normal hours is stressful, but it’s critical to stay calm, exercise your rights, and ask for legal help. Say little, request a lawyer, and wait to defend yourself through proper legal channels. If you’re helping someone in this situation, contact a criminal defense attorney as soon as you can — especially when court delays are likely.
Frequently Asked Questions
Can I be kept in jail without seeing a judge for days?
No. In most places in the U.S., you must be brought before a judge within 48–72 hours, not counting weekends or holidays. If this doesn’t happen, your lawyer can challenge your detention.
Will I get a public defender if I’m arrested during a holiday?
Yes. Public defenders are available to those who qualify, though you may not meet yours until your first court appearance.
What if the police don’t let me make a phone call?
You’re entitled to make a call within a reasonable amount of time. If denied, tell your attorney — it could be a rights violation.
Should I explain my side to the police?
No. Even a casual comment can be used against you. Wait for your lawyer to guide you.
Can I say no to a search?
Yes. You can refuse, but clearly state: “I do not consent to a search.” However, police may still proceed under certain conditions. Your attorney can challenge it later if needed.
About Bail Bonds St. Tammany
Bail Bonds St. Tammany is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Bail Bonds St. Tammany has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Bail Bonds St. Tammany better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
