No one plans to get arrested, especially not in the middle of the night or during a holiday weekend. But if it happens, it’s important to know your rights and understand what to expect, particularly when normal court operations may be closed or delayed. Here’s what you need to know if you or a loved one is arrested after hours or during a holiday in the United States.
Don’t Panic, Stay Calm
First things first: Don’t resist arrest or argue with the officers. Even if you believe the arrest is unfair or a mistake, staying calm and respectful is your best move. Anything you say or do can be used against you. Keep your cool, stay quiet, and don’t give them a reason to charge you with resisting arrest. For more tips, read our guide to “16 Mistakes to Avoid After an Arrest.”
Invoke Your Right to Remain Silent
You have the constitutional right to remain silent. Exercise it.
Say clearly: “I am invoking my right to remain silent. I want to speak to an attorney.” You are only required to provide your name, date of birth, and address — nothing more. Don’t answer any other questions and avoid making casual remarks or trying to explain yourself.
Request a Lawyer ASAP
No matter what time it is or what day of the year, you have the right to speak with an attorney. If you can’t afford one, request a public defender. You might not get to speak with them immediately, but the request itself is critical. Do not talk to the police without a lawyer present.
Expect Delays During Off-Hours
If you’re arrested at night or on a holiday, the timeline moves slower. Here’s what might happen:
- At booking: You’ll be fingerprinted, photographed, and processed at a police station or county jail.
- During holding: You may be held until courts reopen, especially if you’re waiting for bail to be set.
- Arraignment delay: If courts are closed, you might not see a judge until the next business day (or longer over long weekends).
Use Your Phone Call Wisely
You have the right to make a phone call, typically within a few hours of your arrest. We recommend that you call a trusted friend, family member, or lawyer. If you can, tell them where you are and that you need legal help. And remember that your call may be monitored or recorded, so don’t talk about your case.
Pro tip: Memorize at least one important phone number as you might not have access to your cell phone contacts.
Be Aware That Bail May Not Be Immediate
Depending on the charge and jurisdiction, bail may be preset on a schedule (it’s common for minor charges), and delayed until arraignment (more common on nights and holidays. Some areas have after-hours judges, but not all do. If bail is allowed, a 24/7 bail bonds service may be able to help.
Keep Mental Notes
Try to remember key details about your arrest, such as:
- Names and badge numbers of officers
- Time and location of arrest
- Anything said or done by law enforcement
- Whether your rights were read to you (Miranda warning)
Why? Because this information can be useful for your defense.
How a Bail Bondsman Can Help
When you are arrested after hours, on the weekend, or during a holiday, courthouses may be closed, and it might be harder to reach a lawyer right away. Fortunately, many bail bondsmen offer 24/7 services (we do!), which means they’re available to help regardless of the day or time. A bail bondsman can start working on your case immediately, ensuring that the process to secure your release doesn’t have to wait until regular business hours.
One of the primary ways a bail bondsman helps is by posting bail on your behalf. Bail amounts are often set according to a standard schedule, especially outside of court hours, allowing the bondsman to act quickly. Instead of paying the full bail amount out-of-pocket, which can be financially overwhelming, you typically only need to pay a small percentage to the bail bondsman (12% in Louisiana). This makes release much more accessible and affordable, especially during inconvenient times.
In addition to providing financial support, a bail bondsman offers guidance through the legal process. They understand how the system works and can explain what to expect next, including court dates and conditions of release. Their experience and connections within the legal system can help speed up paperwork and communication with law enforcement or jail personnel, further reducing the time you or a loved one might spend behind bars.
Overall, having access to a reliable, 24/7 bail bonds service provides peace of mind. No matter when an arrest occurs — whether it’s late at night, during a weekend getaway, or on a major holiday — a professional bondsman can step in quickly to offer help, clarity, privacy, and a path to temporary freedom while awaiting trial.
The Bottom Line
Getting arrested at night or on a holiday can feel overwhelming, but staying calm and knowing your rights makes all the difference. Keep quiet, ask for a lawyer, and wait for your opportunity to fight the case properly.
If you’re helping a friend or family member in this situation, contact a criminal defense attorney immediately. Time matters — especially when courts are closed.
Frequently Asked Questions (FAQ) About What to Do If You Are Arrested at Night or on a Holiday
Can I be held for days without seeing a judge?
In most U.S. jurisdictions, you must be brought before a judge within 48 to 72 hours (excluding weekends/holidays). If this doesn’t happen, your lawyer can challenge the detention.
Do I still get a public defender if I’m arrested on a holiday?
Yes. Public defenders are available for all qualifying defendants, but you may not meet yours until your first court appearance.
What if I’m denied my phone call?
Police must allow you to make a call within a reasonable time. If they don’t, it can be a violation of your rights. Inform your attorney as soon as possible.
Should I try to explain the situation to the officers?
No. Even if you think it will help, wait for your lawyer. The police are trained to get information — even casually — that can be used against you.
Can I refuse a search of my belongings or car?
Yes, but clearly say: “I do not consent to a search.” However, police may still search under certain circumstances and your lawyer can challenge it later if needed.
About Affordabail
Affordabail 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, Affordabail Bail Bonds 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 Affordabail 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.
