Legal Question in Criminal Law in California

My brother just got arrested for criminal charges, and his bail is set at $200,000. I want to know if we get him a private attorney and his case end up getting drop. Do we still have to pay the $200,000?


Asked on 10/15/09, 3:40 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

If you are talking about posting the entire $200k in cash to meet the bail, then yes, you get your money back when the case is over, if he does not abscond. But if the bail is $2 million, and the $200K is the bondsman's premium, then No. you never get that back.

If his bail is at $2 million, he is wiser to spend his money on good legal representation, as he is undoubtedly facing a lot of prison time with a bail like that.

I have offices in both San Francisco and in San Rafael and have been doing criminal defense in San Francisco since 1978. If you would like to discuss his case for free by phone and run the situation by me, I could likely advise you of what I think I might be able to do for him and what the fee would be.

For further information and for my contact data, please go here:

http://dinday.com/results.htm

and

http://dinday.com/contact.htm

Good luck.

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Answered on 10/15/09, 4:33 pm
Terry A. Nelson Nelson & Lawless

Can you hire private counsel? Of course. Plenty of attorneys will take your money. If you or he don't have money to do so, then he needs to apply for the Public Defender.

Can the case end up getting dropped? Of course. Is that likely? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works, obviously. IF he has valid defenses, facts, evidence, witnesses, etc. that would allow his attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts.

$200,000 bail would mean you would have to pay the bond premium of 10% of that, or $20,000 plus put up security for the balance.

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Answered on 10/15/09, 5:04 pm


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