Legal Question in Criminal Law in California

Re: Arrest .... How long could I possibly be in Jail before Bond?

Generally, you should be brought in front of the magistrate within two to three days.

Your best bet is to retain a dedicated lawyer to negotiate the terms of your surrender, own recognizance release or quick posting of bail if that becomes necessary. A lawyer could arrange for a bondsman for as little as 7 percent of the premium.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Arrest .... How long could I possibly be in Jail before Bond?

Probably you would spend about 12 hours sitting on concrete slabs until your bondsperson could arrive at the jailhouse and the paperwork is filled out.

You could get released on your own recognizance, if you are lucky. If the bail is too high, your lawyer can apply to have it lowered.

Re: Arrest .... How long could I possibly be in Jail before Bond?

In Orange County, if you are booked into jail, your bail will be determined by a bail schedule - a judicially approved list of bail amounts for each crime. There is a Detention Release Officer (DRO) that can increase or decrease bail, including approving an O.R. release in the right circumstances. That will determine the bail amount when you're booked.

The DA then has 2 days (court days, not calendar days) to make a decision to file charges or not. If you're arrested Thursday evening, you could be in jail until Monday or Tuesday (depending on what time you're arrested) before seeing a judge. If you're charged, you will go in front of a judge (or commissioner) for arraignment. The judge will then set bail based on the charges filed and a recommendation of another DRO who is present in court. The judge can consider a request by either side to increase or decrease bail at that time. In a white collar investigation, there can be sentencing enhancements filed by the DA that can add additional years to a sentence based on an "excessive taking" allegation if the amount of theft exceeds certain amounts.

Arraignment is your best time to argue for a reduction in bail, as the court will want a "change in circumstances" in order to lower bail in the future.

If you are confident you are about to be arrested, my best advice to you is to speak with a criminal defense attorney, rather than wait to see what's been filed and see how high your bail gets set. An attorney can arrange a surrender, potentially without bail at all, before an arrest or filing of charges. If not, then an attorney can speak with the DRO on your behalf if/when you are arrested to try and reduce the bail. Most attorneys have a working relationship with a bail bondsman and can arrange a relatively quick release from custody if bail is set. I have worked out both arrangements on behalf of my clients, including a client accused of embezzlement of approximately $500,000. I arranged a no bail surrender for the impending charges.

Re: Arrest .... How long could I possibly be in Jail before Bond?

Police have 3 days from arrest to bring charges and arraign you in court. If the 3rd day is a weekend, then the following Monday you'd be taken into court. The court then sets bail or allows OR release. It's then up to you to post bail and get out, or sit in jail until the case is finished. Having an attorney makes it more likely to get OR release or lowered bail. If you are sure you are going to be arrested, your attorney can and should arrange a voluntary surrender for booking, which greatly improves the likelihood of getting OR release, since you have shown willingness to submit to the court's authority without being dragged into court in cuffs. If serious about hiring counsel for this, feel free to contact me.

Re: Arrest .... How long could I possibly be in Jail before Bond?

I do not understand your first sentence at all. However, the question is clear. In California, they have two business days after arresting you to bring you before a judge for arraignment. A bail amount will be set by the judge when the warrant for your arrest is issued.

But you don't have to wait to prepare for this eventuality. You can hire a lawyer for limited purposes to contact the police and D.A. and ask them to notify HIM or HER if a warrant issues for your arrest, and offering to surrender you voluntarily. I have only had them fail to so cooperate with me once in 30 years. That will prevent you from being arrested on

Friday afternoon so you spend the weekend in jail, PLUS two more days.

This would also be a good time to fill out the bail bond application to have your bond ready to issue whenever you are charged, so as soon as you are booked, you can walk out.

To read more about this, please see my website article:

http://dinday.com/info04.htm