Q: Should be ready to go to jail tommorow at my arrainment

A: Whether or not you should be prepared to go to jail at your arraignment depends on a lot of factors. First, I recommend consulting with an attorney prior to arraignment. Most criminal attorneys, like myself, offer free consultations. In determining whether to release someone on their personal recognizance or take someone into custody on bail, the judge will be considering how likely is it that you will return to court for your next appearance and will the community be safe if you are released.

In determining whether you are likely to appear for your next scheduled hearing, the court will consider your criminal history (or lack of criminal history). If someone has a lengthy criminal history with lots of cases with warrant activity due to failures to appear, it is more likely that the court will order bail. In determining if the community will be at risk, the court will consider your history and the nature of the charge (whether it is a violent or dangerous offense). One of the reasons it is important to consult with an attorney prior to arraignment is that often we can advise you on steps that you can take to reduce the chances of your being taken into custody. The judge is supposed to impose the least restrictive means to insure your return and protect the public. Often there are alternatives such as Electronic Home Monitoring or pretrial supervision that we can argue for instead of jail.