Legal Question in Criminal Law in California

Yes. Courts have OR investigators who make recommendations to the court. The police and DA may well argue to the court or OR investigator that you should be denied OR. The attorney you retain will help you make your best case to the court and to the OR investigator.

Penal Code section 1270 provides that any person who has been arrested for or charged with an offense other than a capital offense may be relased on their own recognizance.

OR or bail is always available except in murder cases. It is up to the DA and judge what amount to set for bail.

More to the point:

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.