Legal Question in Criminal Law in California

He doesn't have to release you on your own recognizance and he could set a high bail unless you agree to his conditions. I think search conditions are very onerous -- and cops love to toss people's houses, cars, and persons -- but you might prefer it to doing time in the pokey pending your trial.

Unfortunately, the answer to your question is yes. A judge does have the power to essentially make a "deal" with you. Here, the judge proposing that you agree to his conditional release and in return, you do not have to sit in jail. It happens all the time. If you were allegedly under the influence of an illegal drug or a controlled substance, then the police can search you for contraband in your house, car or your person. You are essentially giving up your 4th Amendment rights temporarily instead of going to jail.

Unless you have a record or are on probation out of that court, I never see search conditions BEFORE a plea. We practice in Mohave Court regurlarly and we haven't seen that happen in all the years we have been going to that court. Give us a call.....David Wallin

He can set any conditions he wants on your bail, and later on your probation if convicted.