Woodland, CA asked in Criminal Law for California

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

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James L. Arrasmith
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Answered

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.

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