Two battles: get them out, keep them out
Getting that call is scary. You may not know where they are, what they’re charged with, or what to do first. This page walks through how it works in Sacramento County: where they’re taken, how to find them, when they’ll see a judge, and whether to post bail.
For many people, a criminal case comes in two battles. The first is getting them out of jail at the start. The second is making sure they don’t go back, to jail or to prison, when the case is resolved. Most of my conversations with families come down to those two questions: does it sound like we can get them out, and can we keep them out for good?
If you only tell them one thing: assume every jail call and visit is recorded. Next time you talk to them, tell them not to talk about what did or didn’t happen. Why it matters
Where are they?
People arrested in Sacramento are usually taken to the Sacramento County Main Jail, 651 I Street, downtown. The same building holds the Lorenzo Patiño Hall of Justice, the jail courthouse where felony cases are heard. If they don’t bail out, they’re usually held at the Main Jail until their first court date.
If they stay in custody after that, they may stay downtown, but they’re often moved to the Rio Cosumnes Correctional Center (RCCC), 12500 Bruceville Road, Elk Grove. It’s a large facility, the county’s main jail for people serving sentences, and it also holds people expected to be in custody a while before their case ends. People sentenced to serve time in jail turn themselves in there, too. Wherever someone is held, their court dates are downtown.
How to find them
The Sacramento County Sheriff’s Office has an online inmate lookup, where you can search by name. It usually takes at least a few hours after an arrest for someone to show up, but they will. If you don’t find them right away, try again later. The lookup may also show their booking charges, bail and next court date, though that information doesn’t always appear. The Main Jail’s phone number is (916) 874-6752.
Still can’t find them? They may still be in booking, may already have been released, or may have been arrested in another county. Call me and I’ll help you figure it out.
When will they see a judge?
California law says a person who is arrested must be brought before a judge within 48 hours, not counting Sundays and holidays. In Sacramento, the first court date is usually about two court days, or two nights, after the arrest:
- Arrested Tuesday night: most likely in court Thursday.
- Arrested Friday night: Monday, or even Tuesday.
First court dates in Sacramento are set on the 1:30 p.m. calendar, felony or misdemeanor, except in rare cases.
Which courtroom
Where the first hearing happens depends on the charge:
| Kind of case | Where |
|---|---|
| Felony | Department 61, 62 or 63, Lorenzo Patiño Hall of Justice, 651 I Street (inside the Main Jail) |
| Domestic violence, misdemeanor or felony | Department 60, Lorenzo Patiño Hall of Justice, 651 I Street |
| Misdemeanor | Department 4B, Tani G. Cantil-Sakauye Sacramento Superior Courthouse, 500 G Street |
| DUI and many traffic misdemeanors | Department 5A, 500 G Street |
Courtroom assignments change from time to time. If you’re not sure, call me and I’ll find out.
Why the first court date matters so much
When someone is out of custody, the first hearing mostly gets the case started. When they’re in custody, it matters a lot more. It’s the first real chance to get them released without posting bail, ideally without strict release conditions. Sometimes whether they get out at all is the big question, and that depends mostly on how serious the charges are. That’s why the best time to hire a lawyer is before that first court date.
In domestic violence cases, the judge or prosecutor may want a stay-away order (a criminal protective order), even when the other person doesn’t want one. If your loved one lives with the person involved, that matters a lot. I work to avoid an order that would keep them from going home, being with their family, or living their life with restrictions they don’t need.
Post bail now, or wait for the judge?
This is one of the first things I talk about with families. There are three choices:
- Post the full bail. If they go to every court date, it’s returned at the end of the case to whoever posted it (if they posted it themselves, the court can first take out any fine or restitution). But it’s often tens or hundreds of thousands of dollars.
- Use a bail bond company. The usual fee is 10% of the bail, and it’s never returned. On a $100,000 bail, that’s $10,000 gone, even if the charges are dropped. Many bail companies offer a lower rate if the person has a private attorney.
- Wait for the first court date. It often brings release without bail, especially for a first offender on a nonviolent charge. The cost of waiting is usually about two nights in jail.
If it’s bail or a lawyer, hire the lawyer first. I’m biased, I know. But two nights in jail followed by release at the first court date, with a lawyer already working on the case, beats getting out two nights early with no lawyer at all. If you can afford both, posting bail is your call. Just know that’s the decision you’re making.
Serious charges are different. On serious charges, or a serious record plus new serious charges, waiting for the judge has a real risk: the judge could deny bail entirely, and someone who could have posted a bond might not get out at all. A case can stay open for many months. In those cases, posting bail can be the safer choice, and I’ll help you weigh it. More on the bail decision.
Jail calls and visits are recorded
Assume every jail phone call and every visit is recorded, and that anything said can be used against your loved one. The only conversation they can count on being private is a confidential visit with their attorney.
People in custody often talk about the case without thinking. That’s how people say things that get used against them. So the next time you talk to them, tell them this: don’t talk about what did or didn’t happen. Not on the phone, not in visits, not in letters, not with anyone.
They don’t have to go silent. They can say there’s a case, that they have a lawyer, when the next hearing is, and what they hope for. Talk about family, work, and how they’re holding up. Let me handle the rest.
The same goes for you. Don’t text, email or post about what happened. Messages to friends and family create a written record that police and prosecutors can use.
What I tell families on the first call
I lead the call, the same way I do when someone calls about their own case. I ask a few questions to get the basics, then tell you what to expect. That always includes the bail decision and the warning about jail calls. Then we talk about the case itself.
Some families know a lot about what happened, and some only know the charges. If you only know the charges, I’ll talk generally about how those kinds of cases tend to go. If you know more, I can get into what to expect and possible defenses.
What families fear most is losing someone they love, for days, months, years or longer. I’ll comfort you as much as I honestly can, but I’ll give you an honest assessment, not false comfort. Often my honest read is better than what families feared, and they find real comfort in it. Not every time, but often.
If you hire me for them
When a family member hires me for someone in custody, I first visit that person at the jail. I introduce myself, get their OK to represent them, and talk about the case. That visit is confidential.
At that first meeting, I also learn whether, and how much, I can share with you. With their permission, I’ll keep you updated. They’re my client, so they decide how much I share, even if you’re paying. In my experience, most clients are fine with me sharing at least the basics, and many clients and families prefer that I leave the details of the case out of it.
When you hire me, you get me. I go to the jail, go to court, review the evidence and do the work myself. I charge flat fees, so you know the cost before you hire me. See my fees. If the case has already started, you can still hire me, including to take over from the public defender.
Once your loved one is out, in almost every misdemeanor case I go to court for them and they don’t have to. In a felony case, they come to court with me.
Other situations
- Not a U.S. citizen? Tell me at the start. I plan around immigration consequences.
- Your child was arrested? See my page on juvenile cases.
- There’s a warrant and they haven’t been arrested yet? See how I handle warrants.
- Arrested and released without a court date? See what to do before charges are filed.
- Hurt by police during the arrest? They may also have a civil rights case.
If you need help for yourself, call 911 in an emergency or 988 in a crisis.
Questions
Can you tell me what my family member told you?
No. What your loved one tells me stays between us. That protects them. With their permission, I can keep you updated, and I can always explain how the process works and what to expect next.
Can I pay for their lawyer?
Yes. Family members often pay. Your loved one is still my client and still makes the decisions in their case, including how much I share with you.
Should I post bail right away?
Sometimes yes, and sometimes it makes sense to wait for the first court date, which often brings release without bail. On serious charges, posting bail can be safer. Call me first. I’ll give you my honest read.
How long until they see a judge?
Usually about two court days. Arrested on a Tuesday night, most likely Thursday. Arrested on a Friday night, Monday or even Tuesday.
What should I say when they call from jail?
Nothing about what did or didn’t happen. The call is recorded. Tell them you love them, that you’re getting help, and not to talk about what happened with anyone but their lawyer.
They’ve been in trouble before. Is it still worth hiring a lawyer?
Yes. Everyone deserves a real defense and a second chance. A prior record changes the plan, not whether there is one.