Legal Question in DUI Law in California
After a DUI arrest in California and not signing a promise to appear, requesting to be brought before a magistrate, can you still be forced to accept an own recognizance release?
Asked on 5/11/10, 5:15 pm
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
I'm not sure why you wouldn't want to be released without having to post bail. Your release status has absolutely nothing to do with guilt or innocence. You can still fight the charges and defend yourself - but from the outside, not inside.
If a judge orders you released on a case, you're released. There may be a reason to have bail set (for example, if you're also in on a probation violation or other reason) so that you accumulate credits, but if this was a first time offense, I can't imagine why you wouldn't want to get out.
Answered on 5/18/10, 6:57 am