Published on 2/23/2026, 12:00:00 AM
My Wife Was Just Arrested - What Do I Do Now?
Your phone rings. It's your wife, and she's calling from jail. Or maybe a detective called you. Or a neighbor told you the police just took her away in handcuffs. Whatever the scenario, you're standing there trying to figure out what to do next.
Take a breath. You have time to do this right, but you need to move with purpose. This guide walks you through exactly what to do when your spouse has been arrested in Maryland, from the first phone call to the first court date.
Step 1: Stay Calm and Get the Basic Facts
Before you do anything else, you need to figure out three things:
- Where is she being held? Every county in Maryland has its own detention center. You can search VineLink to find an inmate by name and confirm which facility they're at.
- What is she charged with? If she was able to call you, ask what she was told. If not, you'll find out when you contact the detention center or check the Maryland Judiciary Case Search.
- Has she seen a commissioner yet? After booking, a commissioner reviews the charges and makes an initial bail decision. This usually happens within a few hours of the arrest. Charges would typically be public once this informal hearing concludes.
Once you have those answers, you can start making moves.
Step 2: Tell Her Not to Talk to Police
This is the single most important thing you can do. If she calls you from the detention center, tell her: "Ask for an attorney before speaking with any law enforcement"
Police and detectives are trained to get statements. They may tell her that cooperating will help; however, anything she says becomes evidence. It will likely be used to build the case against her.
Also, keep this in mind: jail phone calls are recorded. Every call she makes from inside the facility is being monitored and can be used by prosecutors. Do not discuss what happened, who was involved, or what the evidence might be. Keep it to "I love you, I'm getting you a lawyer, hang in there." If Court orders prohibit contact between the two of you, make sure not to accept any calls from the jail and redirect the phone to another family member or friend who can speak with them instead.
For a deeper look at what happens during and after an on-view arrest in Maryland, check out our full breakdown.
Step 3: Call a Criminal Defense Lawyer
Try your best not to wait in seeknig counsel. It can be hard to secure an attorney who is available the "next day" so the sooner an attorney is involved, the better your wife's chances at the bail hearing.
A defense lawyer can:
- Appear at the bail hearing and argue for release
- Present a release plan to the judge (employment, family ties, community connections)
- Identify weaknesses in the statement of probable cause
- Advise you on what to say and what not to say
- Start building the defense immediately
At FrizWoods, we answer the phone around the clock. If your wife was just arrested, contact us now. We handle cases across Maryland and can be at the next bail hearing.
Step 4: Understand the Bail Process
After your wife is booked and sees the commissioner, one of three things will happen:
- Released on recognizance (ROR). She's let go on her promise to appear in court. No money needed.
- Cash bail set. The commissioner sets a dollar amount. You either pay the full amount to the detention center or hire a bail bondsman (typically 10% of the bail amount, non-refundable).
- Held without bail. This is the worst-case scenario and usually happens with serious felony charges or if the commissioner believes she's a flight risk or danger to the community.
If the commissioner's decision is too high or she's denied bail entirely, a judge can review it at a bail hearing. This is where having a lawyer makes a real difference. We have a full guide on how to bail someone out of jail in Maryland that covers cash bail, bondsmen, and everything in between.
Step 5: Know What Type of Charges She's Facing
The severity of the charges shapes everything that comes next, from how bail works to what kind of court the case is heard in.
- Misdemeanors (like second-degree assault, theft under $1,500, or a first-offense DUI) are generally heard in District Court. Penalties can include jail time but are often resolved with probation, community service, or a PBJ (probation before judgment).
- Felonies (like first-degree assault, drug distribution, or armed robbery) are more serious and often move to Circuit Court. They carry longer potential sentences and higher stakes.
Our guide on felony vs. misdemeanor charges in Maryland explains the key differences and what each one means for your wife's case.
Step 6: If It's a Domestic Violence Situation
Domestic arrests are a category all their own. If the arrest involves allegations between spouses, the court will likely issue a no contact release condition at the bail hearing. That order can bar your wife from coming home, contacting you, or going near certain locations.
This is complicated when you're the spouse. You may not even agree with the charges. You may have called 911 during an argument and not expected an arrest. It doesn't matter. Once police are involved and an arrest is made, the state picks up the case. You can't just "drop charges."
A few things to know about domestic cases:
- The no-contact provision in means she cannot call, text, or come home until the order is modified or lifted.
- Violating a bail condition is a separate criminal charge and can result in immediate re-arrest.
- An attorney can file a motion to modify release conditions so your family can resume communication under safe conditions.
We handle domestic cases regularly. Read our full page on domestic assault defense or our blog on beating a domestic violence case in Maryland. If you need help understanding the difference between protective orders and peace orders, we have a guide for that too.
Step 7: Prepare for the First Court Date
Once your wife is released on bail, the next milestone is her first court appearance. Here's what to expect:
- Misdemeanor trial is usually scheduled within 60 days in District Court.
- Felony charges may be presented to a grand jury and indicted, which moves the case to Circuit Court. This process can take several weeks. Typically a preliminary hearing is set within 30 days unless waived.
- Conditions of release must be followed exactly. If the judge set a curfew, drug testing, or no-contact order, violating any of those conditions can send her right back to jail.
Between the arrest and the court date, your lawyer should be gathering evidence, reviewing the statement of charges, and identifying any issues with the arrest itself, like whether there was proper probable cause or whether any rights were violated.
Common Mistakes Spouses Make After an Arrest
Trying to handle it without a lawyer
The stakes are too high. Even a "minor" charge can lead to a criminal record that affects employment, housing, and security clearances. An experienced criminal defense lawyer knows how to navigate the system and push for the best outcome.
Talking about the case on jail calls
We said it above, but it's worth repeating. Every phone call from a Maryland detention center is recorded. Do not talk about the facts of the case.
Posting about it on social media
This includes you and your wife. Prosecutors check social media. A vague post about "the worst night of my life" or a photo that contradicts the timeline can become exhibit A.
Waiting too long to act
Bail hearings move fast. Evidence can disappear. Witnesses forget details. The sooner a lawyer is on the case, the better.
Contacting the alleged victim (in domestic cases)
If there's a no-contact order in place and your wife is the defendant, she cannot reach out to the alleged victim, even if that person is you. Any contact, even a "sorry" text, is a new criminal charge.
What Happens Long-Term
Not every arrest leads to a conviction. Maryland has several options that can keep a charge off your wife's record:
- Probation before judgment (PBJ): The judge finds guilt but does not enter a conviction. Instead, the defendant is placed on probation. A PBJ often qualifies for expungement down the road.
- Stet: The state puts the case on an inactive docket. If your wife stays out of trouble, the charge can eventually be expunged.
- Dismissal or acquittal: If the evidence is weak, a skilled attorney can get the charges dropped or win at trial.
- Expungement: Even if she ends up with a conviction, certain charges can be removed from the public record after a waiting period. Maryland's expungement laws have expanded significantly in recent years.
You're Not Alone in This
Watching your spouse get arrested is one of the most stressful experiences a family can go through. But having a clear plan and a good lawyer can change the outcome entirely.
If your wife was just arrested in Maryland, call FrizWoods right now. We'll walk you through every step, from getting her out of jail to defending the case in court.
Frequently Asked Questions
Can I drop the charges against my wife?
No. Once police make an arrest, the State of Maryland is the one pressing charges, not you. You can tell the prosecutor you don't want to move forward, and that's a factor they may consider, but the decision to drop charges is ultimately theirs.
How long will my wife be in jail before seeing a commissioner?
In most Maryland counties, a commissioner reviews the case within a few hours of booking. Weekends and holidays can slow the process down, but it typically happens the same day.
What if I can't afford bail?
You can use a bail bondsman, who will charge about 10% of the total bail amount (non-refundable). If bail is too high, a lawyer can request a bail review hearing in front of a judge to ask for a lower amount or release conditions.
Will this go on her permanent record?
It depends on the outcome. If the charges are dropped, placed on the stet docket, or she receives a PBJ, there are pathways to remove the case from her record through expungement.
Should I visit her in jail?
Yes, but be careful about what you say. Visits in Maryland detention centers may be monitored. Keep conversations about the case to an absolute minimum and focus on emotional support.
