What is bail and how is it set?

The amount of bail - money or other security deposited with the Court to insure that you will appear. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to Court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not mean that charges will be dropped and usually works as a conviction for a traffic offense.

 

If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through the court.

 

When you are taken to Court for bail setting or release, the Judge will consider the seriousness of the offense you are charged with, any prior criminal record, any prior failures to appear - even for traffic tickets, your connections to the community, as well as the probability that you will appear in Court.

 

Instead of paying bail, you might be released on your own personal recognizance. This means that you do not have to pay bail because the Judge believes that you will show up for your Court appearance without bail.

 

What happens at an arraignment?

You have the right to be arraigned without unnecessary delay. You will appear before a Judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on your own personal recognizance, even if bail was previously set.

 

If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment.

 

What happens at a preliminary examination?

During the preliminary examination, usually within days of the arraignment, the District Attorney's Office must present evidence in showing a reasonable suspicion that a felony was committed, and that you did it, to convince the Judge that you should be brought to trial. A probable cause hearing or evidentiary trial does not mean that you are found guilty of the charged offense.

 

What types of crime does Marvin Marks and Superior Law defend?

• Drunk Driving
• Driving Without License
• Burglary
• Drug Offenses
• Murder
• Arson
• Witness Tampering/Perjury
• Robbery
• White Collar Crime
• Reckless/Careless Driving
• Extortion
• Larceny/Theft
• Criminal Vehicular Homicide
• Assault and Battery
• Criminal Sexual Misconduct
• Weapons Possession
• Fraud
• Others

 

Call us for a no charge, no obligation free conference. If you have a family member in jail, we will go to the jail to consult with him or her.