Lindsay, CA asked in Criminal Law and Civil Rights for California

Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your criminal history: If you have a prior criminal record, especially if it involves failing to appear in court, the judge might be less inclined to let you remain out of custody.

3. The likelihood of being released on your own recognizance (O.R.): In some cases, particularly for minor offenses and defendants with minimal criminal history, the court may release you on your own recognizance without requiring bail.

4. The bail amount: If the bail is set high, it might not be feasible or worthwhile to post it for just one day.

In most cases, if you post bail, you will not be taken back into custody on the day of your court appearance unless there are new circumstances that warrant it (such as violating conditions of release or additional charges being filed). However, the court has the discretion to modify your bail or remand you into custody during the hearing.

Given the short timeframe between your arrest and the court date, it might be advisable to wait for your court appearance to see if the judge will release you on your own recognizance or with other conditions. However, if the bail amount is reasonable and you believe there's a risk of being remanded into custody, posting bail could be beneficial.

It's always best to consult with a criminal defense attorney who can assess your specific case and provide guidance on the best course of action.

William S. Kroger
William S. Kroger pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private attorney, a chance to argue that your bail should be reduced or that you should be allowed OR (Own Recognizance).

If you do post bail, your court date would be a few weeks later than Tuesday, which would give you an opportunity to better prepare for court by talking to an attorney before the court and learning about what to expect.

I hope that helps.

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