Legal Question in Criminal Law in California

To whom it may concern, I need help making the decision of whether to bail out a relative on a felony case in the state of California. The incident happened in Long Beach around midnight on 11/6/2011. I will use names to make sure there is no mix ups between suspects. Michael was in an altercation with another individual across the street from his friends house. When shouts were heard his three friends Alex, Joshua, and Brian ran to help him. A broom was used to stop the man before he hit Michael. He was only hit once with the broom stick. Everybody went home after the altercation because cops were seen on the street. Alex notices his wallet is gone and begins to search for it where the altercation happened. A car pulls up and begins to shoot at Alex and Michael. Michael was shot in the leg. As the car speeds off you see the cops see the car but they do not follow it. Instead they pull up next to Alex and Brian and make them go down on the floor as they try to help Michael. Joshua, Alex, Brian, and Michael were charged with Assault with a deadly weapon. Their bails are set at 30,000 dollars. Now, the question that I have is regarding Brian. He is not a citizen and we are wondering if the best bet is if we should bail him out in case they want to transfer him to the County jail in Los Angeles. We are scared of this happening because there are cases in which once they are transferred there they are deported. Should we bail him out as soon as we can or is there a chance that we can wait it out till his court date two days from now? We do not want to bail him out, then have him plead not guilty. All the money being used for his bail is actually rent money, but if the bail helps him stay in the country we would rather do that. I just need some advice felony cases and what usually happens in this process.


Asked on 11/06/11, 2:59 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Don�t simply run out and pay bail without consulting counsel first.

The premium price paid to a bail bondsman is non-refundable, so you would have to post the full amount of the bail in cash directly to the court to have any chance of refund when the case is over. Either way, that money could be used to hire an attorney. The defendant could first try for OR release or bail reduction at their first court appearance.

Plus, posting bail carries risk to the property you must put up as �security� with a bail bondsman. If the defendant misses any court appearance the bail is forfeited, and you lose the property secured.

Also, if he has deportation issues and a 'hold', you won't be able to bail him out.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 11/06/11, 3:12 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Spend the available money on an attorney. Maybe your attorney will be able to have bail reduced, or even have your guy released on his own recognizance. Bail bond money you won't get back, and he'll be stuck with the public defender.

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Answered on 11/06/11, 4:20 pm


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