Legal Question in Criminal Law in California

Re: Probation

If they do not file a violation of probation petition against you, then the court should set bail based on the new charge. If you're there on a citation or other promise to appear, usually that should be enough to convince the judge not to take you in at arraignment, but it really depends on why you're on probation and what the new charge is for.

If you're concerned about being taken in and you think you can post bail, you may either want to contact an attorney before court and have them make some arrangements or at the very minimum take a friend to court with you that has a bail company's phone number and money.

Re: Probation

In a probation violation situation, unfortunately you do not have the right to bail. This means that it is possible that the judge would remand you either by setting the bail too high for you to pay or giving you no opportunity to post bail. That said, I do no mean to imply that you will necessarily be taken in. A lot depends on factors such as where the case is being located, the offense for which you are on probation, the nature of your current violation, etc.

If you are really concerned you might go to jail, I would advise you to contact a lawyer to discuss your situation in more depth.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com