Q: Who should I contact?
Who should I contact regarding an incident where my husband was stopped by the California Highway Patrol (CHP) and taken to jail due to an unknown warrant? My husband serves as my primary caretaker, and his absence, especially for more than a day, would significantly hinder my ability to function due to my legal blindness. I am seeking guidance on how to address this situation legally and ensure minimal disruption to my family's caregiving arrangements. Any advice on this situation would be greatly appreciated!
A: Whenever anyone is taken into custody, like in this case by the CHP, they are taken to the local county jail. So the first thing you need to do is identify which county he was arrested in so you can determine which jail he’s presently being held. Once you know which jail holds inmates arrested in a given county, you can then access the jail inmate locator on the main jail website. Enter your husband’s details and then you should be able to get basic arrest information which often includes the charges he was arrested on, the bail amount so he can be released, his case number and any future court dates. Using this information, you can also access the county superior court website, criminal division, to get more information about his case. Depending on the type of case, he may have a posted bail amount. You can either post that amount with the county or go to a bail bondsman who will pay the bond and get him released for approximately 10 percent of the bail. This money is non refundable so sometimes it’s better to wait for the court hearing so he can request release on his promise to appear or OR. Anytime someone is in jail you need a lawyer. I would suggest calling an attorney who practices in the county of arrest and that specializes in the type of case, i.e. DUI lawyer, felony lawyer, etc.
A:
Under California law, facing a situation where a family member has been detained can be distressing, especially when the detainment impacts caregiving arrangements significantly. In this instance, your first step should be to contact a qualified attorney who has experience with criminal law in California. An attorney can provide legal advice on the warrant's specifics, the charges, and potential next steps to secure your husband's release. They can also guide you on how to navigate the legal system effectively to minimize the disruption to your family.
Additionally, reaching out to local advocacy or support groups for individuals with disabilities might be beneficial. These organizations often have resources and connections that can offer immediate support and advice on managing caregiving needs during such unforeseen circumstances. They might also be able to suggest temporary solutions for caregiving in your husband's absence.
Lastly, considering the urgency due to your legal blindness, it's important to communicate your situation to the authorities handling your husband's case, such as the California Highway Patrol (CHP) and the jail's administration. They might be able to expedite the process or provide information on how to ensure your caregiving needs are met during this period. Staying informed and seeking support from both legal professionals and community organizations will be key in navigating this challenging situation.
A:
It depends on who issued the warrant and why. If it is from a foreign jurisdiction (i.e. one outside your county), there could be extradition issues involved... not to mention answering for the underlying reason for the warrant. You should address this issue first. The courts and law enforcement should know the nature of the warrant.
More likely the CHP stop is something minor given he was arrested on an outstanding warrant rather than violations involving the CHP stop. At this point, you should be in a better position to assess the severity of the situation. If it is minor in nature, you can argue for an OR release or leniency on the bail. Make sure agencies and individuals involved know your situation and need for care.
You need to hire an attorney to guide you through this mess.
Good luck,
A:
IF YOU CAN AFFORD A LOCAL CRIMINAL LAWYER, SET UP AN APPT.
OTHERWISE HE SHOULD REQUEST A PUBLIC DEFENDER AT THE ARRAIGNMENT WHICH WOULD BE SHORTLY AFTER THE ARREST.
THESE WARRANTS USUALLY RESULT FROM A PRIOR INVOLVEMENT (WITH MY CLIENTS IT IS USUALLY A DUI AND THE CASE IS NOT ON THE DOCKET WHEN WE GO TO COURT) WHERE THE POLICE AND THE POTENTIAL DEFENDANT DOESN'T KNOW THE MATTER WAS FILED AS A BENCH WARRANT WITHOUT NOTIFYING THE DEFENDANT.
A: A PRIVATE LAWYER OR REQUEST THE PUBLIC DEFENDER WHEN HE APPEARS AT THE ARRAIGNMENT.
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