Can I be taken into custody at arraignment if I have a informal probation violation and proir convictions on my record? 11 Answers as of July 18, 2011

Commercial burglary case while on informal probation with 2 prison prior for petty theft and drug charges. Can they raise my bail? Can they hold me in custody and if so for how long?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Assuming you are on felony probation which you have not specified, there is no right to bail when you are charged with a probation violation. You could well be taken into custody at the arraignment. In fact in some courts there is almost a presumption absent unusual circumstances that bail will be denied in these circumstances. You can the be held until you are sentenced (or until your sentence is finished if the violation is found true). You would be best to have an attorney with you at the arraignment to best argue against that possibility.
Answer Applies to: California
Replied: 7/18/2011
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
If your probation violation is discovered at or before your Arraignment, you can be taken into custody in California Courts and held on a "No Bail" hold until the violation is resolved. And even then, you would have to post Bail on the Burglary & prison priors alleged to be released. You should contact a knowledgeable, experienced criminal defense Attorney who could contact the D.A. & work out a disposition of the PV. Then he can arrange for Bail so that you can be free to help your Attorney prepare your case
Answer Applies to: California
Replied: 7/18/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
That can raise your bail. That will depend on a lot of factors. How long you will be in jail will depend on a lot of different things. You really should consult an attorney on this issues.
Answer Applies to: California
Replied: 7/18/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
CAN they? Of course. The judge can order probation revoked, have you immediately arrested and held in custody until arraignment, with or without bail. You must be arraigned within 48 hours of your arrest, not including weekends and holidays. At the arraignment, you may be able to get OR or have bail reduced, BUT the judge can lower or raise bail at his discretion, including setting no bail to account for flight risk. Of course you can fight it. You can argue for no or low bail. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can be taken into custody for the probation violation. You can be held in custody to your probation violation hearing At that time several things can happen depending on the facts. You need to talk in person to an attorney.
Answer Applies to: California
Replied: 7/18/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    You could be taken into custody, depending on the circumstances. If you bailed out of jail, or you were released on your own recognizance solely for the commercial burglary charge, the court can also revoke your probation summarily (subject to the outcome of a probation violation hearing) and set bail on the probation charge as well as the new commercial burglary charge. However, if you posted bond (or were released on your recognizance) on both charges, it is unlikely your bail will be increased.
    Answer Applies to: California
    Replied: 7/18/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You could. Generally courts let you stay out because you showed up.
    Answer Applies to: California
    Replied: 7/18/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You could be remanded at arraignment. You could be in custody until the conclusion of the case. However, the bail should remain at schedule.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course they can. That's what it means to be on probation and to violate probation. The Judge can always increase the bail as he/she sees fit. The length of time you stay in custody will depend on how the case resolves, and whether you bail out or not.
    Answer Applies to: California
    Replied: 7/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    YES. However, in reality what can happen is when you appear for your arraignment on your new case, the judge can impose additional bail on the 2 probation violations and so you should be prepared to post additional bail if the judge decides to do that. You are facing time in county jail on each of the probation violations. On the new case it depends if the commercial burglary is filed as a felony or misdemeanor, but as a felony you are facing a maximum of 3 years in state prison and as a misdemeanor one year in county jail. You should immediately meet with an experienced criminal defense lawyer before you go to court.
    Answer Applies to: California
    Replied: 7/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They will raiseyour bail but that is the least of your worries as they will violate you on your probation for your last case. They can give you as much time as you had hanging. They might even drop the new case. ie. in Oakland if you have a drug prior forwhich you got probation(with or without county time) and you pick up a new case while on probation, they often do not even bother prosecuting the new case but revoke your probation and send you to prison for whatever time was hanging on the old case.
    Answer Applies to: California
    Replied: 7/15/2011
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