Should we post bail in an assault with a deadly weapon charge? 12 Answers as of August 05, 2011

My brother is being charged assault with a deadly weapon, but he was not carrying any. He was at the wrong place wrong time, the others arrested were the ones actually carrying. Should we post bail? Or wait to see what the judge says?

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The English Law Firm
The English Law Firm | Robert English
I would recommend posting bail and hiring an attorney if you wish to contest the case.
Answer Applies to: California
Replied: 8/5/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Wait for arraignment and see if his lawyer can get the judge to reduce bail.
Answer Applies to: California
Replied: 8/5/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Posting bail depends on many factors. When you post bail through a bail bonds man then you will have to pay 10% up front and pay interest. The 10% you will not get back. If he is in jail his arrangement is conning up in a few days and if you cannot afford bail you could wait for that and have his attorney move for a OR release or a bail reduction.
Answer Applies to: California
Replied: 8/5/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
You should post bail. I would normally hesitate before giving advice on such a personal. family-centered decision, but having visited so many inmates has gotten me too sour on the facilities to remain neutral. Your brother is innocent, but is being kept in hell. Why? He needs someone to post bail - put some money or collateral (ie: a title to a vehicle, a mortgage, etc) up for his release. He's your brother. Get him out. Now. When he appears incourt as instructed you'll get the money or collateral back, minus a small percent. Small rice to pay. Trust me - you should not let someone you care about stay in one of these places.
Answer Applies to: California
Replied: 8/4/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You need to meet in person with an experienced felony criminal defense lawyer. If the bail on your brothers case is 50,000 then you will pay a bondsman 10% as a fee, but if you first retain a criminal defense lawyer you can then be able to have reduced bail bond fees, called attorney referred bail fees at 8%. Also before you bail your brother out you need to discuss with the lawyer whether at his arraignment it is likely the bail will be lowered or raised. If the bail can be lowered you will save money by waiting. If the bail is raised when he appears at his arraignment after you bail him out you likely will have to post new bail. This is serious and complicated.
    Answer Applies to: California
    Replied: 8/4/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You should spend your money on an attorney to defend his case. The judge will not listen to you, only an attorney.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends on if you're okay with your brother being in jail until the case resolves. Bail is meant to let people resolve their court case from outside of jail with a promise that they will appear at every court appearance.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Sometimes people get bailed out early and then find that the DA filed additional charges and bail gets raised. Back in he goes. Sometimes the arraignment judge actually reduces the bail based on a motion from the attorney stressing family ties, good job and no flight risk. A lot depends on the nature of the charge because, under the law, the judge must presume the charges are true for purposes of setting bail.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    When deciding to post bail, it's always a gamble. First - if they don't file charges against him, he'll be released without having to post bail. If you post bail for the felony they booked him for, but they only file a misdemeanor (or some other less serious charge), then you may have posted too much. You can't get the difference back once it's been posted. If I were you, I'd focus on finding an attorney for your brother. If you get a good local criminal defense attorney who routinely practices in the court where the case will be heard, they will probably know the judges, people at the jail that can set bail, prosecutors, etc. They may be able to arrange a reduction in bail, release on his own recognizance (an OR release), etc. See if you can locate one today or first thing in the morning so they can be at the court when your brother goes for arraignment. Of course, it means that your brother stays in custody until his court date. The difference money-wise could be a few thousand dollars to you. If he understands and can ride it out until court, he may be better off. Your money is better spent on an attorney for these charges.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hard to say. The Judge could either up or down the bail, depending on how effective your attorney is in convincing the Judge. Therefore, if you bail out now, you will have to pay the current bail amount. If you wait till later, the bail could stay the same, go up more, go down, or be eliminated completely.
    Answer Applies to: California
    Replied: 8/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The premium price paid to a bail bondsman is non-refundable. That money could be used to hire an attorney. The defendant could first try for OR release or bail reduction at their first court appearance. Plus, posting bail carries risk to the property you must put up as security. If the defendant misses any court appearance, you lose the property secured when the bail is forfeited.
    Answer Applies to: California
    Replied: 8/4/2011
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