QUESTION
Can I bail someone out the day before their arraignment?
Asked on Mar 02nd, 2011 on Criminal Law - California
More details to this question:
Is it wise to bail someone out the day before arraignment or should we wait, and if we do bail him out before will he still end up going to jail after the arraignment?
8 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Unless it is a no bail detention, they can be bailed out. It might be smart to wait for arraignment, to see if OR can be obtained, or bail reduced, before spending your money. Youll need money to spend on attorney fees, so minimize or avoid paying non-refundable bail premiums. An attorney at the arraignment will have a better chance of obtaining that outcome. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.
Answered on Mar 04th, 2011 at 1:29 PM
You can bail him out before arrangement. If you think he may get a OR release at arrangement then wait. Once bailed out he will stay out unless he does something stupid.
Answered on Mar 04th, 2011 at 1:29 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Definitely wait. The case might not be filed. The charges might be filed as misdemeanors. This is one of the most common, and worst, mistakes people make. There are good and decent bail bondsmen out there, but there are many unscrupulous ones as well, with very predatory practices. It is a shame, and there is very little regulation of the industry. Sometimes, law enforcement agencies even coordinate with favored bail agencies to direct profits. Always wait at least three court days to bail out.
Answered on Mar 03rd, 2011 at 3:30 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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He stands a good chance of getting his bail lowered at the arraignment so your bond fees will be cheaper. Also if you have private counsel (not the public defender) they should only charge you 8% not 10%, Question the bondsman before you hire him. If he doesn't want to reduce the percentage find another. Let him wait one more day. If you do bail him before arraignment, it is only if the DA presses more charges that he will go back to jail - but it is stupid. Just let him wait a day and make sure you can a criminal lawyer who knows what he is doing. If he is in the Bay Area call me Dennis, at 510 465 6363 or I can send you to a good lawyer.
Answered on Mar 03rd, 2011 at 3:29 PM
You can bail someone out before the arraignment, but I dont advise it. The bail amount often changes at arraignment, for better or for worse. If bail goes down, you dont get a refund from the bond company. If bail goes up, the person goes back into jail until the new amount of bail is posted (assuming that you can afford the new amount).
Depending on the case, the person might also be able to get released without any bail.
Answered on Mar 03rd, 2011 at 3:28 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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You can bail someone out before the arraignment. Depending on the situation, it is possible that the person would be released on what is called "O.R. release" by the Judge. Your Attorney can request this and put up a fight for O.R. release, but it is at the discretion of the court at that point, and would depend on how serious the charge is. If you do bail someone out, then they would potentially be able to stay out of jail during the proceedings on that same bail already posted. It is also possible that the Judge could increase the bail amount...or potentially deny bail altogether in serious situations. What is the charge? I can give a better assessment on what I think depending on the Court you are in, and the charge. Call me.
Answered on Mar 03rd, 2011 at 3:28 PM
At the arraignment the Judge could eliminate, increase, or reduce the bail. However, unless circumstances have changed, Judges usually don't up the bail, especially when the defendant had just bailed out the day before.
Answered on Mar 03rd, 2011 at 3:28 PM
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Yes, call us now.
Answered on Mar 03rd, 2011 at 3:28 PM