Legal Question in Criminal Law in California

Re: Arraignment, Court Date, Extention of Date, Bail Forfeiture

You seem to think that an arrest for solicitation is comparable to a traffic ticket. It isn't. In the grand scheme of things this is not a particularly serious crime, but it is still much more serious than a moving violation.

Traffic violations are essentially civil matters rather than criminal. The money you submit to the court ahead of time is a bond and not a bail, and you are allowed to forfeit it if you prefer not to appear in court to contest the ticket.

Solicitation, however, *is* a crime. If you don't show up for your scheduled arraignment, you will indeed forfeit your bail but your case will remain open and you will have committed the separate crime of failure to appear. There is a good chance that the court will issue of bench warrant for you that you will be promptly arrested and brought before the judge you were supposed to see at the schedule time. She will already be very displeased with you the moment you walk through the door, which is one reason you would be much better off appearing as scheduled.

Assuming you plead not guilty at the arraignment, you may be given a court date but it will be for a full-fledged trial and not simply for the kind of proceeding you would get for a traffic violation.

You need to get a lawyer, and you need to do this before the arraignment if at all possible. The charge against you is serious enough that it is worth fighting. An experienced attorney may very well be able to negotiate a deal in which you would plead guilty to a lesser offense -- and also one which would carry less stigma socially. You are not likely to be able to make a deal like this on your own, so your attorney's fee will likely prove to be money well spent.

Re: Arraignment, Court Date, Extention of Date, Bail Forfeiture

I've read Mr. Hoffman's reply, and I agree with most of it. However, I'd like to add a couple of things he didn't address. A first offense like yours is not likely to result in a jail sentence (let alone a prison sentence which is much longer than a jail sentence). But, that said, there are many variables that determine an appropriate sentence, and no one can predict with any accuracy the outcome of your case without knowing a great deal more than you've told us. If you are not able to be in court because you are out of the country, you must know that an attorney can make the appearance for you (without you being there), and can make arrangements to continue the 8/3 date into September and beyond. Because 647(b) is a misdemeanor, an attorney can make all of the court appearances for you if the need arises. But here's the important thing. Every case is different, and the outcome of each case turns upon its unique facts and circumstances. You should definitely consult with a criminal lawyer in your area. The decision to hire a criminal lawyer is the most important thing you can think about right now. Most criminal lawyers give free consultations. I do. If you'd like to meet with me to discuss your situation, feel free to call me. Steve Mandell 310 393 0639

Re: Arraignment, Court Date, Extention of Date, Bail Forfeiture

I used to prosecute these cases as a prosecutor in the Los Angeles City Attorney's Office, and now defend people like you.

You should hire a lawyer to appear for you and have him or her analyze the police reports. Since it is probably a misdemeanor, if you don't show up or have a lawyer show on your court date, the judge will issue a warrant for your arrest and forfeit your bail.

Also, because it's probably a misdemeanor, there is no prison time. The maximum penalty on most misdemeanors is $1000 fine and 6 months in jail.

Re: Arraignment, Court Date, Extention of Date, Bail Forfeiture

I can appear on your behalf and attempt to have it reduced to an infraction. Call me directly at (619) 222-3504.