Legal Question in Criminal Law in California
Credit card fraud & embezzelment
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? And if so, does it really depend on what type of credit card fraud and embezzelement or the amount of money that is being claimed was spent - is that number more important for the judge to decide on the bail amount or would the no prior matter more?
Just trying to understand the system and get some bail money together if a warrant is issued.
I appreciate any advice.
2 Answers from Attorneys
Re: Credit card fraud & embezzelment
Every county has a bail schedule. For every offense, there is a listed bail amount. The judge normally follows that recommendation unless persuaded to go up or down.
One warning: they may set bail at/above the amount of the theft in high amount cases. They may also file a 1275.1 declaration, making you prove you're not posting bail with stolen money.
Re: Credit card fraud & embezzelment
Bail is set by published 'schedule' listing crimes and amounts. If arrested, seek an attorney to apply for OR release or to go to court at your arraignment to reduce bail. I suggest to clients not to pay a bail bondsman just to get out of jail a few hours or a day early, unless it is a small bail amount. What you pay the bondsman reduces your ability to pay an attorney. If you're serious about getting legal help, feel free to contact me.
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