Frequently Asked Questions Q. I have just been arrested? What should I do? A. After contacting family members and/or close friends, you should call an experienced criminal defense lawyer who can quickly find out as much information as is possible concerning the reason for your arrest, and arrange to have you released as soon as possible.  Q. Will I have to post bail in order to be released from custody? A. The answer to this question depends on a number of factors, not the least of which is the effectiveness of your attorney in communicating to the court the reasons why you should be released without having to post any bail or with a low bail. These factors include the seriousness of the charges against you, the strength or weakness of the evidence against you, any prior criminal record you may have, your roots to the community (employment, social and family), U.S. citizenship status, your educational history, and other relevant matters. Q. If bail is set, how can I get released? A. You will be released as soon as the bail ordered has been paid and the facility at which you are held confirms that the bail has been posted. An experienced defense attorney will help you to put together the necessary assets to post bail, or if this cannot take place, to work with an honest and reasonable bail bondsman to post a bond. Q. Will I get the money I posted for bail back at the end of my case? A. Yes, provided that you appear as required in court and do not otherwise do something that ends up forfeiting your bail, at the conclusion of the case, and regardless of the outcome, you will receive back most of the money you have posted as bail. Q. Is this different in federal court? A. In federal cases, you will receive back all of the funds posted for bail, regardless of the outcome, upon approval by the court.