Legal Question in Criminal Law in California

Needed for an interview but in jail

My husband is in jail for a Misdemeanor(corporal injury on spouse, myself) and I have an immigration

appointment next week. Is possible to get him out of jail so he can attend the interview ? He is required and I already missed an appointment so I might get deported

Thanks.


Asked on 12/05/01, 9:52 pm

2 Answers from Attorneys

J.Thomas Logan Logan Law Office

Re: Needed for an interview but in jail

An attorney might be able to get your husband released on bail. His success will depend largely on the attitude of the DA and the Judge.

Best of luck

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Answered on 12/06/01, 4:10 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Needed for an interview but in jail

Thanks for your posting.

You can bring a motion before the court to have your husband released for the specific reason you listed. You will need to show that he is not a flight risk, that he has ties to the community, school, a job, etc.

Bail, by cash or a bond agency, is also a form of pretrial release. Bail release does require the "posting" of a monetary amount, which can be returned to the defendant (or the posting party or bail bond agent) if he appears in court as required. Bail bond agents, upon receipt of a fee (generally a 10% payment of the bail amount) can write the bail for any defendant they choose and this release can occur before the defendant appears in front of a judge at an arraignment hearing.

If you need legal help, someone to visit your husband in jail and advise him, or appear in front of the judge and ask for his release, please feel free to email me or call my office toll free at 1-877-568-2977.

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Answered on 12/06/01, 1:49 pm


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