When a family member is arrested in Georgia, the single most important thing you can do is contact a criminal defense attorney immediately and make sure your loved one stays off the phone until counsel is present. How much damage is done in those first hours depends entirely on what is said to law enforcement, on jail calls, and on social media. At Frye Law Group, we help families understand exactly what to do and what to avoid from the moment of arrest.
In my years of practice, some of the most emotionally raw conversations I’ve had have been with family members, not the person charged. The parent who co-signed for their child’s apartment, the spouse who found out about an arrest through a text from a neighbor, and the sibling who flew in from out of state because they didn’t know what else to do.
The legal process, especially in criminal defense cases, is deeply disorienting for families. No one tells you what to do. You’re not the client. You’re not the defendant. But you’re also not a bystander. You’re the person holding everything together while someone you love faces something terrifying. Frye Law Group shares five things that would have made that experience easier and more effective for so many of the families I’ve worked with.
1. Jail Calls Are Recorded (Every Single One)
I put this first because it is the mistake I see most often, and it can cause real damage. Georgia law explicitly permits jails and correctional facilities to record inmate calls, and everything said, no matter how innocent or well-intentioned, is available to prosecutors. The only protected calls are those between an inmate and their attorney.
I know it sounds extreme to say “don’t ask what happened”. But that one conversation where a mother asks her son, “What were you thinking?” and he starts to explain himself has been used in court. Whether your family member is facing DUI charges, drug charges, or domestic violence allegations, the same rule applies. Call them. Tell them you love them. Tell them you’re getting them a lawyer. Then stop talking about the case until that lawyer is present.
2. You Can Help. But You Can Also Unintentionally Hurt the Case.
The most helpful thing a family can do is find and retain good criminal defense counsel quickly. The second most helpful is to stay disciplined about what they say and don’t say. The least helpful, though completely understandable, is to reach out directly to law enforcement to “clear things up” or to post on social media on their loved one’s behalf. Every one of these actions, however well-meaning, can complicate the defense.
One more thing: do not pay anyone who calls claiming to be from the jail and asking for money. This is a common scam targeting families of the recently arrested and has no legitimacy whatsoever. A good attorney can direct you on exactly how to help in ways that actually support the case.
3. The First Attorney You Talk to Doesn’t Have to Be the One You Hire
Free consultations are available at most criminal defense firms, including ours. You can (and should) speak with more than one attorney before making a decision. You should feel like the attorney you hire actually listened to you, understands the specific circumstances, and can explain what they would do and why.
Credentials matter, but so does the sense that this person genuinely cares about the outcome. Under the Georgia Rules of Professional Conduct, attorneys are bound to act in their client’s best interest. Kim Frye’s background demonstrates the kind of care that goes beyond the rulebook. Come in for a consultation and trust your instincts in that conversation.
4. Cost Is a Real Conversation. A Good Attorney Will Have It Honestly With You.
Criminal defense costs money. There’s no way around that. But there’s a wide range between “I can’t afford anything” and “I can handle any retainer”, and most people are somewhere in the middle. Most good defense attorneys understand that.
Ask about payment plans. Ask what the fee covers and what might cause it to increase. Ask what happens if the case goes to trial versus resolving it beforehand. A transparent fee conversation is a sign of a trustworthy attorney, not a red flag. You also want to get the hiring agreement in writing.
Attorneys are required to communicate the basis of their fees clearly, and a written agreement protects both you and your attorney if any disputes arise down the line. This is not the time for a handshake deal.
5. This Is Going to Take Longer Than You Think (and That’s Usually Okay)
Criminal cases move slowly. Continuances happen. Court dates get rescheduled. Evidence takes time to review. Under O.C.G.A. § 17-7-170, a defendant can demand a speedy trial, but in most cases, allowing time for thorough preparation serves the defense far better than rushing to resolution.
If your case is moving slowly, that is not necessarily a sign that anything is wrong. It often means your attorney is being thorough. What you should expect is regular communication. Not constant updates on a slow-moving docket, but the sense that someone is paying attention and will reach out when there’s something to report.
Your Family Deserves Answers, Not Confusion
The criminal justice system is not designed with families in mind. But families are often the most important support structure a defendant has, and the most effective families are the ones who understand the process, stay disciplined, and let their attorney do their job. We’re here to help you be that kind of support.
We’ll walk you through exactly where things stand in your criminal defense case and what your options are in plain language, without the runaround. Contact Frye Law Group today for a free consultation. Call 470-256-0897 or complete our intake form and we’ll call you.
Frequently Asked Questions About How Families Can Support Loved Ones Facing Criminal Charges
1. What should I do immediately after a family member is arrested in Georgia?
The first thing you should do is contact a Marietta criminal defense attorney as quickly as possible. Do not try to contact law enforcement to explain the situation, and tell your family member not to discuss the case on jail calls. Those calls are recorded and can be used against them in court.
2. Are jail phone calls really recorded in Georgia?
Yes. Georgia law allows jails and correctional facilities to record inmate calls. The only exception is calls between an inmate and their attorney. Anything else said on those calls can be shared with prosecutors.
3. Can family members hurt a criminal case without meaning to?
Yes, and it happens more often than people think. Talking to law enforcement, posting on social media, or discussing the case on recorded jail calls can all damage the defense. The best thing a family can do is hire a good criminal defense lawyer quickly and let them take the lead on strategy.
4. Do I have to hire the first criminal defense attorney I speak with?
No. You should speak with more than one attorney before making a decision. Look for someone who listens carefully, explains their approach clearly, and has real experience with cases like yours. Learn more about Attorney Kim Frye to see if she’s the right fit for your family.
5. How much does a criminal defense attorney cost in Georgia?
It depends on the complexity of the case, but most attorneys offer payment plans and will have an honest conversation about fees upfront. Ask what the retainer covers, whether the fee changes if the case goes to trial, and get everything in writing. A good attorney won’t avoid this conversation. Contact Frye Law Group to talk through your options.
6. How long does a criminal case take in Georgia?
Again, it varies depending on the details and circumstances of the case. Court dates get rescheduled, evidence takes time to review, and thorough preparation takes time. A slow-moving case is not necessarily a bad sign. It often means your criminal defense attorney is being careful and thorough on your behalf.
7. What if my family member is facing DUI or drug charges specifically?
The process is the same: get legal help quickly and avoid discussing the case on jail calls. That said, DUI charges and drug charges each carry specific consequences and defenses that require an attorney with experience in those areas. The sooner you call, the more options your attorney will have.
8. How do I know if Frye Law Group is the right fit for my family?
Start with a free consultation. Attorney Kim Frye is a former prosecutor with over 30 years of trial experience, which means she understands how the other side builds its case and how to defend against it.