Everybody has a right to be released on bail unless a few specific exceptions apply. In Los Angeles County, the presumptive bail for misdemeanors is set in a misdemeanor bail schedule and for felonies, in a felony bail schedule. Your criminal defense lawyer must argue why the court should deviate from that bail schedule to lower it. Mr. Varga has successfully argued for bail reduction or release without bail (O. R. Release, or Own Recognizance Release) Sometimes the prosecutor will argue for a bail deviation to increase bail. A good criminal attorney will vigorously oppose bail increases.
Defending a case from the outside is always preferable to defending from behind bars. Many defendants have accepted plea bargains to perfectly defensible charges just because they didn't have enough money to post bail. For many people, the bail reduction hearing can be the most important part of the case because it might determine whether they fight the charges or accept a plea bargain.
If you even think that you might be arrested, it pays to retain counsel to start preparing for the bail reduction hearing that would follow your arrest, and to start lining up sources of money for bail.
If the defendant is bailed out, he or she has to promise to make all future court appearances on time and to obey all laws, and sometimes agree to other conditions. If any of those promises are broken, bail is forfeited and, the defendant is remanded into custody. If the defendant commits a new crime while out on bail, his or her punishment for the new crime will most likely be enhanced for that reason. If all those promises are kept, the bail is "exonerated," or returned to whoever paid it. Naturally, the defendant does not accumulate custody credits while out on bail.
To "post bail" means to give some money to the court system. It's a form of insurance for the criminal justice system — the arrested person gets the money back at the end of the case if bail is exonerated. If he or she doesn't show up in court, or breaks any other promise to the court, bail is forfeited and the court keeps the bail and issues a warrant for the person's arrest.
Under California law, misdemeanors are crimes for which the punishment cannot exceed one year in the county jail (with two exceptions) and a fine of up to $1000 (unless a higher fine is specified for a particular offense) or both. Some of the more common misdemeanors under California criminal law are:
Although a misdemeanor may seem like a relatively minor offense, being convicted of a misdemeanor can have a profound negative effect on someone's life, giving him or her a criminal record. Certain misdemeanors can result in deportation from the United States and denial of re-entry.
Felonies are crimes that have more severe penalties than those for misdemeanors. Examples of felonies are murder (homicide), rape, kidnapping, and assault and battery with bodily harm. Prosecutors frequently load the charging document with sentencing enhancements that can add as much as 25 years to life to a charge. The three strikes law is the best known, but not the only example of such a severe sentencing enhancement. Gang involvement or the use of fire arms can turn any case into a life case.
There are also "infractions," which carry no jail time but are punishable by a fine; traffic violations are an example.
It's in an individual's best interests to have the counsel of an experienced criminal defense attorney when charged with a misdemeanor or felony.
Yes. Even if you're pleading guilty, a defense attorney will work to get your criminal charge reduced or your sentence minimized. It's not always possible to get such a reduction, but it is certainly worth the effort to try.
The vast majority of criminal charges result in plea bargains. In a plea bargain, the prosecutor and the defense attorney negotiate. The defense attorney's job is to try to persuade the prosecutor to reduce the charge (or charges) to less severe charges, or to dismiss the charges altogether.
However, most plea bargains do not result in reduced charges. This is a simple truth that most defense attorneys won't tell prospective clients, but Stephen Varga wants his clients to know the real story, not the hype.
There are other reasons to attempt a plea bargain, though. Securing a plea bargain can:
Stephen Varga will discuss your options with you in detail. Whether you are looking for a Criminal Attorney in the South Bay, CA, or just the most suitable Criminal Defense Attorney in Southern California, call Mr. Varga to help you make the right choices for your future.