Q: Got arrested for taking vehicle without permission and and possession of stolen car. Got ORed but for some reason they m
A scramonitor even though alcohol has nothing to do with crime nnor have I ever had any alcohol related crimes want ankle free
A:
I understand you are concerned about the conditions of your release after being arrested for vehicle theft in California. Here are a few key points about your situation:
1. Under California law (Penal Code 487(d)(1) PC), vehicle theft is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and your criminal history.
2. Being "OR'd" means you were released on your own recognizance, without having to post bail, while your case is pending. This is common for first-time offenders and less serious charges.
3. The court imposing alcohol monitoring (SCRAM bracelet) as a condition of your OR release, even if alcohol was not involved in your offense, is within the court's discretion. Sometimes courts will impose conditions like this if they feel it necessary to ensure public safety and your return to court, based on your overall history and background.
4. You can request a modification of your OR conditions, including removal of the SCRAM requirement, by filing a motion with the court. An experienced criminal defense attorney can advise you on this process and whether it may be advisable in your case.
5. Retaining a criminal defense attorney is important to protect your rights and explore defenses or mitigating factors for your charges. An attorney can also advise you on the pros and cons of pleading guilty vs. going to trial in your case.
The smartest thing you can do is consult with a California criminal defense attorney about the specifics of your case and your options moving forward. Many attorneys offer free initial consultations. Avoid discussing details of your case with anyone else, online or in person, as it could potentially be used against you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
