Legal Question in DUI Law in California
Felony DUI Arraignment release
Quick Background: My 20 year old brother was arrested yesterday morning with Felony DUI charges when he crashed, with no others involved except passenger (the passenger was injured though supportive and not pressing charges) . He is still being detained and his arraignment is in 2 days (possibly 1 day). This is the first offense of anykind on his record.
Question: What is the likelihood of him being released after the arraignment? Will a certain plea contribute to his release (if detained, will the bail be lower than it was for the pre-arraignment period?($100,000)). Thanks so much for any help.
3 Answers from Attorneys
Re: Felony DUI Arraignment release
Your several questions all have the same answer: If he is not experienced in legal defense of criminal charges, he needs to hire an attorney. Yes, you can do that for him and arrange to have the attorney go to court as necessary. That attorney can answer your questions about what will likely happen, AFTER he has reviewed the facts, police report, interviewed the defendant, etc. Anything before that would be simple speculation. I never recommend people spend large sums of money on bail just to quickly get out, when it MAY be possible for the attorney to convince the judge to allow release without bail. Paying bail reduces the money you'll need to pay the attorney.
Re: Felony DUI Arraignment release
HE MUST NOT plead anything other than Not Guilty at the arraignment even if it means staying in jail on $100,000 bail. They will pressure him to do so, and it is a bad idea. The attorney you hire will make the case to the court about how this is his first offense, he has roots in the community, etc. and this will help him, more probably than not, gain release on his own recognizance, although there are no guarantees. Do not "wait and see what happens at the arraignment" before hiring him a lawyer. If you were an athletic coach, would you want your team to take the field at halftime? The court is not going to back up the proceedings just because he didn't hire a lawyer until after the arraignment. Now I know you are very worried and upset, but you need to call me, or some other attorney, instead of asking and re-asking your question here.
Re: Felony DUI Arraignment release
I understand you are trying to help your brother, but you have already received all you can from this site. There is nothing more you will gain by reposting on this site other than to hire an attorney. At the arraignment or shortly before, the attorney will be able to make the arguments for a bail reduction. Until then, no one can answer your question. If you cannot afford an atty then the public defender will be appointed. Call me or some other atty that does dui defense tonight to get a head start on your brother's case.
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