Is it false imprisonment when my bail is lowered my a substantial amount before my arraignment? 6 Answers as of March 25, 2011

I was charged with a second DUI offense (although in both cases, I was literally driving sleepy). During my second offense, my bail was $105,000 and the officer stated I would be released in 12 hours. I was in jail for 5 days and on the night before my arraignment, an officer hands me the charges that I am faced with and I noticed that the bail is only $40,000 now. What gives? I know that in most cases they won't give you a bail reduction unless you formally request one. But in my scenario, that was totally out of the blue. Is it possible that I was detained for longer then I was supposed to considering there was no alcohol in my system, they just suspected me to be under the influence of a drug? I believe I can get this case possibly dismissed due to the erroneous actions. Usually a bail stands and isn't altered and I know for a fact that nobody pleaded a bail reduction for me because nobody in my family is even familiar with criminal, yet civil laws. Thank you.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Bail is set per a bail schedule unless a higher bail is requested by the arresting agency or the prosecutor. It can be raised or lowered at any time. While your bail sounds very high there may be reasons alleged by the officer of which you are not aware. No it is not false imprisonment.
Answer Applies to: California
Replied: 3/25/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Stop worrying about your bail and get an attorney to represent you. It really depends on when you were taken into custody.
Answer Applies to: California
Replied: 3/24/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm so sorry you had to stay in jail so long - that sucks. However, you should be grateful that things seem to be looking up since your arrest. Often the offense that people arrested for is not the same one with which they are eventually charged. It can get better or worse; in your case after an attorney from the DA's office looked at your arrest report it got better. But you are still charged with a crime and need to talk to an attorney. Any charge of being under the influence of anything must be backed up with a toxicology report. Good luck.
Answer Applies to: California
Replied: 3/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Bail reductions and OR releases can occur whether you ask for them or not. The police can seek it so that they can turn you loose and use the cell for someone else. Whether your rights were violated will be part of your defense. When charged with a misdemeanor like this second DUI, you face potential jail time. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. If you don't know how to effectively represent himself against a professional prosecutor intending to convict do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through motions, plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/24/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No it is not, although you will get credit (applied to jailtime and/or fines) for the amount of time you spent in custody. Consider hiring a DUI specialist to deal with both the court and DMV case, which requires timely action (you could lose your license from the DMV action regardless of whether you had any alcohol and regardless of what happens in court).
Answer Applies to: California
Replied: 3/24/2011
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