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Law Office of E. Michael Linscheid

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(415) 728-9982

Once the police have conducted an arrest, they will generally question the individual about their involvement in the crime. The individual has a right to refuse to answer the questions and request to speak with an attorney. If someone is subject to a custodial interrogation and they request an attorney, law enforcement is required to end the questioning until that individual has an attorney.

For most misdemeanors and some felonies, law enforcement will issue a citation, require that the individual sign a promise to appear in court, and then release them on their own recognizance. Someone who has been accused of more serious charges will likely be booked into the county jail, and bail will be set at the current bail schedule. If a family member or friend can post bond in its entirety, then the individual will be released from jail. Alternatively, the individual could contact a bail bondsman in their area. The bail bondsman would post the entirety of the bail and charge a service fee of between eight and ten percent.

Increasingly, courts are releasing accused individuals on supervised release, which requires they maintain contact with the court and pre-trial services department. Depending on the nature of the crime, they might also be subjected to alcohol testing, searches, or attendance at self-help meetings like AA. If none of these options apply and an individual is not able to obtain supervised release, then the court is required to bring the defendant before the judge within 48 hours of the arrest, excluding weekends and holidays. When an accused is brought to court they would be advised of the charges against them and arraigned on those charges.

Once A Person Has Been Arrested, When Should They Contact An Attorney?

A person who has been arrested should locate an attorney as soon as possible, regardless of whether they are still in custody. An attorney will be able to advise the individual of their options moving forward including posting bail, if applicable. They will also be able to initiate an investigation and manage procedural issues.

What Are Some Common Mistakes That People Make During The Initial Arrest Phase?

Many people believe that they didn’t do anything wrong or that they can explain their conduct in such a way that the police will be lenient. Alternatively, they will agree to speak with the prosecutor, believing that this will result in the prosecutor being lenient with them. People all too often say something that they don’t realize is incriminating. The more someone responds to police questioning, the more likely it is that they’ll make statements that can be construed as incriminating. The biggest mistake is trying to get out of a legal matter without the assistance of an attorney.

How Does The Bail Bond Process Work In The Area Where You Practice? Are All Charges Bondable Offenses?

If a person is not going to be released on their own recognizance or supervised release, then they will need to contact a bail bondsman. The bail bondsman will post the entirety of the bond, and the individual will be responsible for a percentage of the total amount, which is typically between eight and ten percent. Anyone who is on a parole or probation hold, charged with a capital offense, or has an extradition warrant against them, as well as non-citizens who are on an immigration hold, will not be able to post bond for their release.

For more information on Criminal Law Cases in California, a personalized confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.

E. Michael Linscheid, Esq.

Call Now For A Personalized Confidential Consultation!
(415) 728-9982

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