Legal Question in Criminal Law in California

Credit Card Fraud & Embezzelement

I am being investigated for credit card fraud and embezzelement.

How does the judge decide the bail amount based on these charges?

Also, if I have no priors, can I be released without making bail?

Just trying to understand the system and get some bail money together if a warrant is issued.

The investigation is taking place in Orange County.

I appreciate any advice.


Asked on 4/30/09, 6:48 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Credit Card Fraud & Embezzelement

I assume this is a semi-duplicate question to the one you already posted.

Bail is set by a schedule in each county. It may also be set at the amount of the theft in some cases.

They may also attach a Penal Code 1275.1 motion to verify the source of bail is from legal sources & you're not posting bail with stolen money.

As to an OR release - maybe. I've been able to arrange that in some cases, even up to half a million dollars in alleged theft. Every case is unique.

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Answered on 4/30/09, 6:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Credit Card Fraud & Embezzelement

My main piece of advice is for you not to discuss this case with anyone other than your own lawyer. Anything you say to any investigator or prosecutor will absolutely be used against you.

I would also advise you to stay on top of developments through your own lawyer. An attorney could be instrumental in resolving such issues as bail and voluntary surrender/court appearance without need for any warrants or arrests. Also, - who knows - perhaps your own lawyer could convince police investigators and the prosecution not to pursue charges against you, based upon insufficient evidence or some other reason.

Bail could be a significant issue in your case if the amount of alleged theft/embezzlement is high. In all likelihood, bail will be pegged to the value of the property stolen although not necessarily.

Call a couple of private lawyers here in Southern California to get an idea of who might be good for you.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/30/09, 8:08 pm
William Morrison Action Defense Center

Re: Credit Card Fraud & Embezzelement

The judge considers your prior record, prior missed court appearances, length of time in residence and present employment (well, you lost your last job), number and kinds of ties to the community, family in the area.

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Answered on 4/30/09, 8:47 pm


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