Legal Question in Criminal Law in California

excessive bail, concerned about attorney, don't want to rock the boat tho

My fiance is in jail in El Dorado County, California. There is a felony charge of a dangerous weapon 12020(A) which was actually a tool in his back pocket and not what most people would consider a weapon.

Also, obstruction of a public officer 148(A) He was confused and upset about something else and temporarily resisted before composing himself.

His bail was set at $250,000 and now lowered to $100,000 but it still seems excessive based on all other bails I have seen posted on the County's website.

Someone arrested for a drive by shooting last week had a bail of $30k set.

I'm not so happy with his attorney as it seems he does things after consulting my fiance's mom rather than my fiance. If he were my attorney, I would have fired him but my fiance is scared and needs his mom's help.

Every time I speak with my fiance I try to gather information and help, but I don't know how to help or if I am just pissing the attorney off.

I believe that he is much better out of jail at this point. He has already been in for 6 weeks and isn't a threat to anyone.

His charges are listed as: 12020(A) & 12020(A)(1) Also: 148(A) & 8(A)(1)

I don't know if he's being honest with me or trying to protect me.


Asked on 4/25/07, 1:35 pm

3 Answers from Attorneys

Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: excessive bail, concerned about attorney, don't want to rock the boat tho

Well I am not sure that there was a question here. But if he or his mother want to consult about his case, have them call our office.

His prior record, probation/parole status and the police report of the incident will be key to determining issues related to the case as well as bail reduction.

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Answered on 4/25/07, 1:41 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: excessive bail, concerned about attorney, don't want to rock the boat tho

Unfortunately, bail is not based totally on what the offense the defendant is being charged with, but also it has alot to do with "flight risk", as bail is not a constitutional right afforded to any or all defendants. However, there could be mitigating circumstances to help get the bail amount at issue reduced significantly. Further, it is an attorney's duty and professional responsibility to work exclusively for his/her client's best interest, not those of the person paying the attorney fees per se. You/your financee may want to strongly consider retaining new, more effective counsel ASAP, from the facts given so far.

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Answered on 4/25/07, 2:10 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: excessive bail, concerned about attorney, don't want to rock the boat tho

The amount of bail is determined by not only the offenses charged, but also any priors or enhancements that may be alleged in the complaint. The court also considers any previous failures to appear in court.

From your message it appears that the bail has been reduced already. In order to have the court consider changing the bail again there must be some change in circumtances from the last time the bail was changed. For example, the D.A. can't come back to court and ask for a higher bail unless there is a change in circumstances. Similarly, the defendant can't ask for a lower bail unless he/she shows a change in circumstances. That change in circumstances can be something like there are fewer charges alleged after the premiliminary hearing.

As for whether to get a new attorney, the relationship between the defendant and the attorney is important. If your boyfriend is feeling like he isn't being heard from his attorney you may want to try letting the attorney know that and see if he/she is more responsive. Clients range from wanting to know every detail about what's going on to not want to know anything but the end result. Try voicing your concerns with the attorney and see if that helps. If not, you can always change.

Good luck,

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Answered on 4/25/07, 4:28 pm


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