My ex girlfriend is in jail, what now?

Her asshole bf just broke up with her cuz he said he wanted a girl he could see. I've been there for her since her court date last month. It was always just me and her family, none of her other "friends" ever came to visit her. I've been trying to get her back and everytime i see her she shows alot of signs that she misses me but the problem is... her court date is in a week and if she fails she's gonna be in jail for about 4 months. i'm not going to leave her, i don't care how long she's in there. my question was, how long should i wait before i make a move on her or do you think i should just wait till she gets out?