Arrested over the Weekend, How Can I Get Out?


One of the most stressful events in someone’s life is when they are arrested. It is made even worse when you are arrested over the weekend and the court system isn’t operating as usual. So what happens when you get arrested over the weekend, how do you get out, and what does the process look like?

Crimes of Domestic Violence and Violent Crimes under the Pre-Trial Integrity Act.

These charges are often some of the most serious charges you can face. They also carry with them a significantly different set of rules when it comes to the bail and release process. If you are arrested over the weekend for a charge that falls into this category, the magistrate or jail judge, cannot set your conditions of release immediately. Instead, you either have to wait 48 hours, or in most cases wait until Monday morning and go in front of a district court judge. At this first appearance, it is especially important to have an attorney because when you go in front of the judge the district attorney will be there to argue for what they want for a bond and without an attorney you could have to argue for yourself against them. This could lead to higher bonds or you making statements that will be used against you in the future.


If you are charged with a DWI there is another entirely different set of rules that must be followed. In DWI cases, the magistrate will set your conditions of release. However, depending on the nature of your case, they may choose to issue what is called an Impaired Driver Hold. This hold requires you to be held in the detention facility until either a sober driver comes to pick you up, or you can blow .05 or lower on the handheld PBT machine. In DWI cases, probably more than any other, calling a lawyer immediately upon arrest or at the earliest opportunity can be the most helpful, especially if you are still in the jail or detention facility.

Other Charges

Any charge that doesn’t fall into the above categories follows the normal procedure. First, you will be taken in front of the magistrate, who will set your conditions of release. Then you will have the opportunity to bail out or be released. If you are not released, then you will go in front of a district court judge at the next possible session of court. At this time an attorney can be very helpful because similar to the above cases, the district attorney will be there and an attorney can argue on your behalf against them.

The arrest process in North Carolina can be extremely difficult to navigate. It is often the source of much confusion for people who are arrested or who are going through the process. It is also often the source of many legal issues that can be very helpful in your case, an attorney can help make sure that these issues are preserved for future use in your case. If you or someone you know has been arrested call the Criminal Defense Team at Jetton and Meredith now.