Legal Question in Criminal Law in California

Re: Judge's decision on bail and attorney

Everyone is entitled to a lawyer. The District Attorney can ask for an inquiry as to the source of the bail funds if they believe that the funds are from some illegal conduct, but the question of indengency has to go to the defendant's ability to pay. If the defendant's family or friends bailed him/her out that has nothing to do with whether or not the defendant can afford to hire a lawyer. There has to be in inquiry as to the defendant's ability to pay. A denial of a right to counsel is a 6th amendment violation.

Good luck,

Re: Judge's decision on bail and attorney

In my opinion this is illegal as hell (for the reasons explained by attorney Elena Condes) and should be appealed; or should be the subject of a Writ of Mandate proceeding in the court of appeal. You might want to consult a criminal law attorney about this, or even consult the public defender.

Re: Judge's decision on bail and attorney

I agree with Ms. Condes and Mr. Stone. I especially agree with Mr. Stone's recommendation that your friend bring a writ petition in the Court of Appeal, since that is probably the only way to get this ruling changed before your friend either stands trial or enters into a plea bargain in order to avoid trial.

If you would like to contact me to discuss the writ procedure, please feel free. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) and I have substantial experience in writ petitions and criminal appeals.