Legal Question in Criminal Law in California

First, even if you are arrested, that does not mean you will go to jail. As to your question, I'm not sure if your asking about the final outcome or if you wondering what will happen when you first appear in court. Public Defenders are generally very good attorneys. They are just very busy and do not have the time to give each client, like a private attorney.

If your asking, that since you will not be assigned a PD until you make your first court appearance and there is currently a warrant out for your arrest, will you be arrested and sent to county jail. That depends on a few different issues such as the original charge and/or charges, why and/or how the warrant was issued. After those issues it may also depend on the county, the Judge and what the DA asks the court to do. It really is impossible to give you an accurate answer with the facts you have provided and in this type of forum. If the original charge is a minor charge and the warrant was issued as a result of you not showing up to court, then you may not have to be booked into jail. Your PD can ask for the warrant to be recalled and another court date in order to enter your plea. The DA may object, and then the court will listen to arguments about it and the judge will decide. However , if the charge is serious and/or involves some type of violence or violent act and you evaded arrest, the court may very well want you booked into jail. However, that doesn't mean you're stuck there. You can post bail. The amount is based upon the individual county's bail schedule relating to the charge or charges. The bond will generally cost you 10% of the bail amount. So for example, if the total amount is $5,000.00 the bond will cost $500.00 dollars. Bondsman generally allow their clients to make payments and the terms can be very flexible. Sometimes the court will vary from the bail schedule and it can be higher or lower, just depending on the specific situation. If you believe you will be arrested you may be able to arrange bail before you are arrested by talking with a bail bondsman prior to going to court. They can also provide you with the information about the warrant and what the charge and/or against you. The can't give you legal advice but they can give you information about what is against you. No matter what the situation is regarding going to jail or not going to jail the only way to get it cleared up is to take care of the situation and set a court date. Eventually you will need or have to clear it up. You may want to call some criminal defense attorneys in your local area or in the county where the court is located. They generally offer very low costs or no costs initial consultations. They are for a limited amount of time, but they may be able to provide you with the information you're seeking. If you're in Northern California you may call my office. If not call some attorneys located in the county where the court is located. They generally know the specifics of their home county.

The information I have provided is based upon general principles of law and can not be relied upon or considered legal advice. This communication has not created an attorney client relationship between the parties and there is no attorney client privilege between the parties. If you want specific legal advice about your situation you must contact an attorney and discuss it with them. Good luck

Brian McGinity