Los Angeles Criminal Defense Attorney

Archive for the ‘Bail’ Category

Loved one in Jail? Call A Lawyer BEFORE You Call a Bail Bond Company

Tuesday, July 1st, 2014

You find out that a loved one has been arrested in jail somewhere in California. You want to get him or her out immediately.  It’s understandable.  But before calling one of the hundreds of bail bond companies

 1) A Lawyer Can Tell You if a Bail Reduction or “O.R.” Release is Possible.

Before you call a bail bond company to take your loved one out of jail, call a qualified criminal defense attorney first. A bondsman will gladly take your money, but it may not be money well spent. In many cases, an attorney can go into court to get you or your loved one an “Own Recognizance” or “O.R.” release. An “O.R.” release means that you do not have to post any bail. If an O.R. is not possible, a lawyer may be able to get a lower bail. In some cases, a lawyer can prevent charges from being filed by the prosecutor, but if you bail out immediately after an arrest, then the money you paid to the bondsman is non-refundable, even if no charges are filed. Nobody wants to sit in jail any longer than necessary, but if money is tight and you know you need to hire a criminal defense lawyer,it may be worth waiting a couple of days for your lawyer to talk to police, prosecutors, and the judge.

2) Good Lawyers Know Good Bail Bond Companies

All too often, criminal defense lawyers get calls from people who have already spent all their money on bail and cannot afford to hire a lawyer. If bail is unavoidable, a good criminal defense lawyer will refer you to reputable bond agencies that will work with you on a payment plan that will allow you to stay out of jail and still afford an attorney.

3) Even if you Bail Out After Your Arrest, Bail Can Be Raised At Your First Court Date

Even if you bail out after your arrest, the prosecutor can ask the court to raise your bail once charges are filed. That’s right, you could spend thousands of dollars to be bailed out after an arrest, and then forced to spend thousands more after the first court date .An attorney can advise you about whether or not this will happen and can take steps to prevent this from happening.

 

Share

Los Angeles County Assessor John Noguez, Bail, and the Forfeiture Laws

Tuesday, October 23rd, 2012

Los Angeles is known for high-profile celebrities and high-profile criminal prosecutions.

Currently, Los Angeles County Assessor John Noguez is attracting more than his share of headlines and media attention.

Last week, he and a few others were arrested and charged with accepting more than one million dollars in bribes in exchange for agreeing to reduce tax property assessments for certain tax payers.

According to the prosecutors, Ramin Salari, a tax consultant, bribed Noguez on behalf of his wealthy clients. Prosecutors claim that this criminal conspiracy cost tax payers 1.16 million dollars.

As a criminal defense lawyer in Los Angeles, I know that most people, including lawyers who are not familiar with the criminal justice system, don’t realize just how important the prosecution’s charges are in a case involving fraud or other financial crimes.

Most people believe that the presumption of innocence applies to this aspect of the charges. After all, the prosecutors haven’t proven that Noguez and Salari have done anything criminal, and they certainly haven’t proven the specific dollar amounts of the harm caused by this alleged crime.

In reality, however, the allegation that Noguez and Salari fraud caused $1.16 million in damages has two immediate practical consequences. First, the judge set bail for Noguez and Salari in the amount of $1.16 million. This is the amount they need to produce to get out of jail pending trial.  Second, and perhaps more importantly, California forfeiture laws provide that the accused must show that the money they use to pay for bail wasn’t tainted by the allegedly criminal conduct.  This leads to the following anomalous situation, as described by The Los Angeles Times:

Salari is a multimillionaire, court records show. But since he has to prove that the money he uses for his defense is not tainted by the alleged criminal conspiracy, his mother and sister are putting up their Encino homes as collateral for the bail, [according to Salari’s lawyer.]

Noguez isn’t as fortunate.  According to his lawyer, Noguez doesn’t have the money to pay for bail. That is why since his arrest he has spent almost a week in jail.

This in turn makes it harder for Noguez or any person in his situation to fully defend himself.  It may turn out that the prosecutors’ charges are exaggerated or totally erroneous.  But at this stage of the proceedings, a good criminal defense lawyer focuses on getting his client out of jail on bail. The forfeiture laws complicate this process, which is another reason why it’s critical to work with an experienced criminal defense lawyer.

Share