Legal Question in Criminal Law in California

Bail

If I cannot afford bail at all is it possible for me to be jailed for weeks and/or months until my trial and beyond after my arrest? Therefore lose my job, my apartment, my car, and my ability to pay for a legal defense? What I am accused of doesn't involve drugs, violence of any kind! But it could be classed as a felony. And according to the bail schedule of L.A. County my case could be about $10,000 to $25,000 bail!! I have no priors, I have a steady work history. What should i do to show someone that I won't run and hide! And then maybe reducing my bail to where I can afford it! Or hopefully being released on my own recognasence.


Asked on 7/07/04, 2:00 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Bail

Yes, without bail or OR, you will sit in jail until the trial or plea process is over. You could tell the court all your facts and promises. But your best bet is to hire an attorney instead of paying all your money for bail. With counsel, you have a better chance of getting OR release or reduced bail than without counsel. Contact me if interested in

having an attorney help you try to avoid jail time.

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Answered on 7/07/04, 3:15 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Bail

If you can't afford bail you will remain in custody. The idea that you would be released because you can't afford the bail really doesn't make much sense because it would mean the poor could never be held pending trial.

You haven't said what crimes you are accused of, but the fact that they did not involve drugs or violence doesn't mean they are minor offenses. Serious cases of burglary, embezzlement, tax evasion, perjury, fraud, espionage, smuggling and any number of other non-violent, non-drug related crimes can justify very high bails.

Your defense lawyer (one will be appointed for you if you can't afford a private attorney) will know what kind of arguments to make for a reduced bail or an O.R. release. Such motions are often granted, but each case is different and each motion is based upon the facts of the particular case. There is no way an attorney can suggest a strategy without knowing more about your circumstances and the charges against you.

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Answered on 7/07/04, 3:23 pm


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