San Diego, CA asked in Criminal Law for California

Q: arrested for FTA, how do I get the soonest court date asap to get out?

Case is a felony criminal, the court date was unknown to the defendant. warrent was issued for FTA with no bond.

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4 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: This question appears to have been written by 2 different people. The first part refers to how do "I" get the soonest court date ASAP to get out (presumably referring to jail) while the second part refers to the individual as "the defendant" who missed a court date.

Putting that aside, if "the defendant" was taken into custody an arraignment is required to be held within 48 hours (excluding weekends and holidays) to enter a plea to the charges. If "the defendant" was represented by an attorney, he or she would typically would ask for a bail hearing at the Arraignment itself but if the court has a busy docket, the bail hearing would typically be held a few days to a week later. If "the defendant" had an attorney who did NOT ask for a bail hearing, he or she needs to find and hire a different attorney who knows what they are doing.

Usually, all courts regardless of the county abide by the UBS (Uniform Bail schedule) with the MINIMUM bail amount being $25,000 on a felony. I was able to get bail set at only $10,000 on an embezzlement case, but felonies which are considered "serious and violent" by statute (list contained in Penal Code 667.5) the bail amount would be significantly higher than 25K.

Assuming the court sets bail in a reasonable amount that "the defendant" (or friends or family are both willing and able to pay and afford), most bailbondsmen charge 10% of the bail amount + a handling fee (typically $500-$1,000 on low end felonies). Bailbondsmen will accept cash or a lien on real property (house) assuming there is sufficient equity in it by the owner

Regardless of the type of felony charged, I suggest hiring the best attorney "the defendant" (and friends and family) can afford even if it means taking out a loan. PD's (Public Defenders) are overworked, understaffed and don't have the time or resources to vigorously put on a defense and largely are negotiators (as are a majority of criminal defense attorneys out to make a quick buck without putting much work into the case). Here's a link to an article to educate people who stand ACCUSED (term I use with respect to my clients because simply being charged with a crime means nothing until conviction) regarding PD's.

https://www.motherjones.com/politics/2013/05/public-defenders-gideon-supreme-court-charts/

Finally, all felonies have what are referred to as "low, mid to high term" sentences for the alleged crime. When interviewing attorneys to find the best and most suitable to handle the felony charge file against "the defendant, I suggest asking an open ended question like, "what jail time am I (or "the defendant") facing". If they quote you the maximum jail term possible under the statute defining the felony charge without mentioning low, mid and high term, aren't really interested in discussing potential defenses merely providing vague assurances that they will "vigorously" defend the client while spending more time asking for "the defendant's" financial information (ability to afford the attorney), move on. I always inform prospective clients charged with a felony of the low, mid and high term jail sentences that could be potentially imposed and ask questions designed to find out what potential defenses may be available before quoting any

amount for legal services to be rendered.

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: This question appears to have been written by 2 different people. The first part refers to how do "I" get the soonest court date ASAP to get out (presumably referring to jail) while the second part refers to the individual as "the defendant" who missed a court date.

Putting that aside, if "the defendant" was taken into custody an arraignment is required to be held within 48 hours (excluding weekends and holidays) to enter a plea to the charges. If "the defendant" was represented by an attorney, he or she would typically would ask for a bail hearing at the Arraignment itself but if the court has a busy docket, the bail hearing would typically be held a few days to a week later. If "the defendant" had an attorney who did NOT ask for a bail hearing, he or she needs to find and hire a different attorney who knows what they are doing.

Usually, all courts regardless of the county abide by the UBS (Uniform Bail schedule) with the MINIMUM bail amount being $25,000 on a felony. I was able to get bail set at only $10,000 on an embezzlement case, but felonies which are considered "serious and violent" by statute (list contained in Penal Code 667.5) the bail amount would be significantly higher than 25K.

Assuming the court sets bail in a reasonable amount that "the defendant" (or friends or family are both willing and able to pay and afford), most bailbondsmen charge 10% of the bail amount + a handling fee (typically $500-$1,000 on low end felonies). Bailbondsmen will accept cash or a lien on real property (house) assuming there is sufficient equity in it by the owner

Regardless of the type of felony charged, I suggest hiring the best attorney "the defendant" (and friends and family) can afford even if it means taking out a loan. PD's (Public Defenders) are overworked, understaffed and don't have the time or resources to vigorously put on a defense and largely are negotiators (as are a majority of criminal defense attorneys out to make a quick buck without putting much work into the case). Here's a link to an article to educate people who stand ACCUSED (term I use with respect to my clients because simply being charged with a crime means nothing until conviction) regarding PD's.

https://www.motherjones.com/politics/2013/05/public-defenders-gideon-supreme-court-charts/

All felonies have what are referred to as "low, mid to high term" sentences for the alleged crime by statute. When interviewing attorneys to find the best and most suitable to handle the felony charge file against "the defendant, I suggest asking an open ended question like, "what jail time am I (or "the defendant") facing". If they quote you the maximum jail term possible under the statute defining the felony charge without mentioning low, mid and high term, aren't really interested in discussing potential defenses merely providing vague assurances that they will "vigorously" defend the client while spending more time asking for "the defendant's" financial information (ability to afford the attorney), move on. I always inform prospective clients charged with a felony of the low, mid and high term jail sentences that could be potentially imposed and ask questions designed to find out what potential defenses may be available before quoting any

amount for legal services to be rendered.

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Please accept my apologies for the double post. I was attempting to clean up the last broken sentence and to change the wording of it that "Reputable" attorneys inform prospective clients charged with a felony of the low, mid and high term jail sentences that could be potentially imposed and ask questions designed to find out what potential defenses may be available before quoting any amount for legal services to be rendered.

Also, in felony cases there are 2 arraignments: 1 at the outset of the case where a plea is entered (should be Not Guilty no matter what, otherwise the case will proceed to a sentencing hearing) and a 2nd after a Prelim (Preliminary Hearing). Police reports are NOT evidence. It takes live testimony from the police officers, detectives involved in the arrest and/or investigation, witnesses/victim, etc.. The standard of proof is NOT a finding by the court that the defendant is guilty beyond a reasonable doubt as would be the case at trial, merely that it is more probable that not that sufficient evidence has been presented that the defendant is guilty and the case should proceed to trial.

Most Prelims here in Riverside County are Prelims scheduled for 45 minutes with the DA taking 20 to 30 minutes taking a minimalist approach calling 1 officer or detective to testify. I've sat in on Prelims handled by other criminal defense attorneys who are content to ask 10 minutes worth of questions and call it a day.

Skilled and experienced "reputable attorneys" on the other hand can have the Prelim scheduled as a "long cause" (1 1/2 hours) matter to "anchor" the cops testimony regarding anything that is positive in their reports, cross-examine them to obtain useful information and documents not turned over by the DA's office as part of their obligation to turn over all discovery to the defense as well as to find any inconsistencies in their testimony versus other cops, witnesses or the victim and, at times, have other cops or witnesses that the DA does not call as witnesses and have them served with a subpoena requiring them to attend and testify under oath. In many instances, the plea bargain offer improves drastically depending on how the defense attorney conducts the defense potion of the Prelim.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

was there an arrest and on the date of arraignment, the case was not on the calendar?

set up an appointment with a good criminal lawyer or Public defender to put the matter on the calendar. If you go in yourself without a lawyer, they may put you in custody while all this plays out.

a lawyer can work out bail or OR before you surrender....and s/he presents your excuse to the DA.

the PD's are often the best lawyers in the courtroom, and if they did what we did as PD's, they set most things for trial...and said put 12 in a box............after a while the DA's realize they have to deal.

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