Q: My husband was arrested for carjacking, possession of paraphernalia and a warrant. His bail was raised to $500,000.
He does not match the identity described and is still being held. What can we do and can that charge be dropped?
A:
It appears from your question that your husband has already been arraigned, pled not guilty, bail was set, his attorney asked for a bail hearing and the amount of bail increased. Ask his attorney why the bail was set so high.
Better yet bring to the attorney's attention that the California Supreme Court issued a ruling earlier this year in a case called In re Humphrey regarding bail to be set in a reasonable amount and other conditions that can be set be set by the court to ensure that your husband attends all court hearings as required in Felony cases.
Insofar as why your husband is being held in custody despite not matching the description of the person who carjacked their vehicle, DA's don't dismiss charges at a drop of a hat. It's your husband's attorney's job to demonstrate that the police arrested the wrong person.
If, as I suspect, your husband is being represented by the Public Defender's Office, your best course of action is to consult with and hire a skilled and experienced private criminal defense attorney for him who handles serious and violent felony cases (carjacking qualifies under Penal Code section 667.5(c)(17) and also counts as a strike under California's 3 strike rule).
Among other things private attorneys can do is file a motion to have line-up held with other persons along with your husband who resemble the witness description and have the victim ID the perpetrator. Witnesses and/or victims often make mistakes. Better yet, the attorney can hire an investigator to establish an alibi defense (your husband was elsewhere and couldn't have committed the crime).
If you find this answer to be helpful, please visit my website, JohnKarasLaw.com, and leave positive feedback on various attorney review websites on the internet for taking the time and trouble to provide useful information to you on a Sunday evening.
JK
Law Office of John Karas
A:
MORE INFO NEEDED
IF BAIL WAS CHANGED, THE CHANCES ARE HAS BEEN TO COURT. IF SO A PD WAS APPOINTED TO REPRESENT HIM AND THAT IS THE PERSON TO ASK.
THERE ARE LOTS OF THINGS THAT GO INTO SETTING BAIL..........INCLUDING PRIORS.
YOUR PD KNOWS OF THE NEW HUMPHREY CASE RE BAIL SETTING.
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