What Family Members Should Do After an Arrest in NSW
- Michael Confos

- Jul 10
- 3 min read

Receiving a phone call that a loved one has been arrested can be frightening and overwhelming. Many family members have never dealt with the criminal justice system before and are unsure what they should do next.
Knowing the steps to take immediately after an arrest can help you support your loved one and better understand the legal process that follows.
If you require urgent advice regarding a bail application, visit our dedicated Bail Lawyer Sydney page:
Stay Calm and Gather Information
The first priority is to obtain accurate information.
If possible, try to find out:
Which police station the person has been taken to.
What offence they have been charged with.
Whether police have granted or refused bail.
Whether they are due to appear before a court.
Avoid making assumptions before all of the relevant information is known.
Need Urgent Advice?
If a loved one has recently been arrested, obtaining legal advice promptly may assist in understanding the bail process and preparing for any upcoming court proceedings.
Learn more by visiting our Bail Lawyer Sydney page:
Find Out Whether Bail Has Been Granted
One of the first issues following an arrest is whether police will grant bail.
If police grant bail, the accused may be released subject to conditions.
If police refuse bail, the accused will generally remain in custody until they appear before a court.
To better understand this process, read our article:
How to Get Bail in NSW
Prepare Information That May Assist
Family members can often assist by gathering information before the bail hearing.
This may include:
Residential address.
Employment details.
Medical information where relevant.
Family responsibilities.
Proposed accommodation if released on bail.
Having this information available early may assist in preparing the bail application.
Attend Court If Appropriate
Depending on the circumstances, family members may wish to attend court to support the accused.
While every matter is different, family support can sometimes assist in demonstrating that the accused has a stable support network within the community.
Understanding Bail Hearings
Many families have never attended a bail hearing before.
Understanding how the hearing works may reduce uncertainty and help you prepare.
Read our guide:
What Happens at a Bail Hearing in NSW?
Understand Any Bail Conditions
If bail is granted, the accused must comply with any conditions imposed by police or the court.
Family members can often assist by helping ensure those conditions are understood and followed.
Learn more:
Bail Conditions Explained in NSW
If Bail Is Refused
If bail is refused, this does not necessarily mean that all legal options have been exhausted.
Depending on the circumstances, further legal options may be available.
You may wish to read:
Can Bail Be Refused in NSW?
and
Supreme Court Bail Applications Explained
Why Early Legal Advice Matters
The hours immediately following an arrest are often the most important.
Obtaining legal advice promptly allows time to understand the charges, prepare relevant information and consider any available bail options before the matter comes before the court.
Every case is different and should be assessed according to its individual circumstances.
Why Choose Michael Confos?
If you or a loved one requires advice regarding a bail application or another criminal law matter, Michael Confos provides legal representation for clients throughout Sydney in relation to bail applications and criminal law matters.
Learn more:
Criminal Lawyer Sydney
Bail Lawyer Sydney
Continue Reading
Bail Lawyer Sydney
How to Get Bail in NSW
Urgent Bail Applications – How We Can Help
What Happens at a Bail Hearing?
Can Bail Be Refused in NSW?
Supreme Court Bail Applications Explained
Weekend and After-Hours Bail Applications in NSW
Bail Conditions Explained in NSW
Show Cause Offences in NSW
Sources
Bail Act 2013 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-026
Criminal Procedure Act 1986 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-209
Local Court of New South Wales – Criminal Cases
https://localcourt.nsw.gov.au/case-types/criminal-cases.html
NSW Communities and Justice
Disclaimer
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.



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