Legal Question in Criminal Law in California

Bail amount

A friend of mine is in jail. He was arrested for robbery for allegedly stealing a cell phone. They gave him bail of 50,000.00 When we attempted to pay it through a bailbondsman the bail went up to 500,000.00. Is it legal for them to change the bail amount after the fact?


Asked on 12/25/05, 2:43 pm

1 Answer from Attorneys

JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

Re: Bail amount

The bond can be raised (legally, "a so-called deviation") from the L.A. County Bond schedule only by an affidavit of the arresting agency, (or District Attorney) showing why the bail schedule amount (established by L.A. County Judges) is not sufficient. Then the Commissioner on duty must agree and approve the higher bail amount. Had the bondsmen insisted that the jailer accept the bail while still in the original amount, they legally had to accept it.

But, now, the next step is to get a competent lawyer to try to get the Duty Commissioner to lower the bail, or wait for court appearance and have a good mouthpiece.

Joseph Shemaria, Esq.

www.CriminalDefenseLawyers.com

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Answered on 12/25/05, 10:48 pm


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