Legal Question in Criminal Law in California

I was arrested for 459 and bailed out right after. My bail agent knows nothing about 2 priors for 459. 8 and 11 years ago. Can the courts arrest me because they think I will run? And when does the da have to file charges on this case . I have court in 2 months


Asked on 2/26/14, 11:53 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Its not your bail agent that has a problem...its you. When you go to court, the DA can ask for additional bail, and the judge will put you in custody for the higher bail amount. You should speak with an experienced attorney IMMEDIATELY and go over ALL the facts, so you can do the neccesary prep work you need to do, before your court date. I wish you well......David

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Answered on 2/27/14, 12:01 am
Anthony Roach Law Office of Anthony A. Roach

There is a difference between being a flight risk and a repeat offender. The prosecutor would have to file a motion to increase bail. In that situation, if bail was increased, you would have to post more bail or go back to jail until you could post more bail or the charges were resolved. You should be discussing all of this with your attorney.

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Answered on 2/27/14, 8:34 am
Terry A. Nelson Nelson & Lawless

CAN they? Yes.

WILL they? Probably not, since you posted bail already, and the police already knew of the priors when they set bail per the state schedule. Whether the bondsman did or did not know is not relevant.

More to the point, when charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, especially because of the priors, so handle it right. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, pro

grams, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 2/27/14, 10:30 am


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