What to do When Released Pending Investigation (RPI'd)

"History does not repeat itself, but it often rhymes." - Mark Twain

After over 20 years in the bail bond industry, I've processed tens of thousands of bonds and seen countless favorable outcomes. To achieve the highest probability of a "no jail" solution, I've had the advantage of learning from the old guard of criminal defense attorneys—think Howard Luke, Brook Hart, and Paul Cunney—and also the new dogs like Craig Nagamine, Christian Enright, and Ti Ta’ase. With blending the “tried and true” with today’s contemporary “tips and tricks” I offer this abridged playbook on how to protect your rights, freedom, and reputation.

1. The Pre-Charging Window

The moment you've been exposed to criminal liability, you should immediately consult with an attorney. Many people don't realize that liability can exist without an immediate arrest; you could be named in a report, interviewed, or released pending investigation (RPI’d) with charges in the pipeline.

Whether you are in custody or not, your next call should be to a trusted private attorney. Early counsel can completely change the liability you face.

2. Pro-Tip: Decline the Statement

Here is a tip worth the price of a retainer: Always decline to make a statement. Give polite, cordial responses to investigators, explaining that you don't wish to make a statement at this time and would like to speak with a private attorney first.

Officers routinely downplay the importance of legal counsel. They will make up narratives like, “we just need to get some information, to rule you out” or “we can charge you with hindering the prosecution, if you don’t cooperate.” These lines are commonly used and absolute hog wash; you are constitutionally protected to remain silent and postpone any cooperation until after consulting with legal counsel.

Mark my words: police are looking for an easy close, not a constitutional fight. When you demonstrate the resolve to remain silent, they quickly lose interest in you and move on to the weaker prey—those who are too frightened to keep their mouths shut and too eager to talk themselves into handcuffs.

As a senior bail consultant with more experience than 99% of the officers you’ll interact with, I am telling you: you are putting yourself in danger by trying to "explain away" an investigation. Any detail you give can be manipulated to fit a narrative that puts you in a location at a certain time, tying you loosely to a crime.

3. Smart Bail Strategy: The A-1 Method

I often see people reaching out with pre-charging bail retainers or credit card numbers to hold on file. At A-1 Bail Bonds, we do things differently to protect you.

• The $1 Contract: Unless you've been charged and need a bail bond NOW, we don't need your financial information. Instead, we ask that you apply for a $1 bail bond so we can upload your information into our cloud system for periodical warrant checks.

• The Safety Net: We periodically run names for warrants, and if you get arrested by surprise, simply give us a call. We will already have your information on file and can make immediate arrangements to bail you out.

• The Attorney Retainer: The smartest way to create your own personal “rainy day legal fund” is to deposit money directly with your private attorney. The funds can stay in your attorney’s Client Trust Account, with the added bonus of being safe from federal seizure, and can later be used for either legal fees or your bail bond premium if needed.

4. The DIY Warrant Check

Oftentimes, warrants are uploaded into the judiciary system (eCourt Kokua) before the warrant is even assigned to a warrant team. This allows you to check online to verify if there is a new criminal entry. By catching it early, you can make arrangements through your bail bond company to self-surrender and bail out long before the embarrassment of being arrested at home or at work. You just can’t undo the reputational harm of being arrested in front of neighbors or colleagues.

Whenever I publish free information like this, I always point out that there's a lot more to it. Just because I told you everything you know, doesn't mean I told you everything I know.

For a deep dive on the absolute best practices when you're facing criminal liability, feel free to reach out to us directly. Get the same game plan that so many of our clients have used to successfully navigate the system.

As always, be well and keep your powder dry, folks.

-Got Bail Nick