Legal Question in Criminal Law in California

Revoking Bail

my fiancee was arrested for dui now they're using it as his third stike, other two 2 burglarys 20 years ago.He was in jail for 8 months then got out on bail for 7 months. Two months ago he plead guilty but the attorney said he would not be remanded till he was sentenced. two weeks ago he went to court for another posponement and the judge remanded him ,because when he saw a probation officer he told her he had a beer because his sister died. there was no restictions told to him. he holds a job,pays child support and had enrolled in a alcohol recovery program. They said it was a new law that once someone pleads guilty if the judge feels hes a danger he can remand him with no bail. Is this true?? any help is appreciated...Thank You


Asked on 4/13/02, 1:42 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Revoking Bail

The judge has always had the authority to raise the bail. Which in most cases puts the person back in jail and unable to raise additional bail. And anyone that has plead quilty is subject to being taken into custody. The only thing new is the courts are constantly raising the bar on drunk driving cases. And taking your friend into custody is simply a hand slap; the judge doesn't want to wake up in the morning; and see his/her name in print, "Drunk driver released by Judge Good Guy kills a family." The real issue is the sentence your friend is facing. Apparently the decision was made not to seek a third strike for the drunk driving offense.

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Answered on 4/13/02, 12:54 pm


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