Criminal defense lawyer David Pflaum is known as The Right Defender™ in San Diego. He relies on over 25 years of experience in the criminal justice system to help get someone out of jail as soon as possible.
Many people accused of committing a misdemeanor will simply receive a Notice To Appear in Court, while others may be taken to jail.
Almost all people accused of committing a felony will be taken to jail. Bail will be set according to the booking charges and the corresponding San Diego County Bail Schedule.
BAIL IN GENERAL
Bail is automatically set when the arrested person is booked into jail. The amount of bail is set according to the San Diego County Bail Schedule that correlates to the criminal charge/s the person was arrested and booked for.
Bail is the amount of money, or a portion of the amount of money, a person in jail or someone on their behalf, must deposit in order for the person to get out of jail.
GET OUT OF JAIL FREE
The procedures and strategies to get the accused out of jail depend on many things.
First the judge must consider: 1) the likelihood that the accused, if released from custody, will return to court; and 2) whether the accused, if released from custody, presents a danger to the community.
Other factors the judge will examine include the circumstances of the alleged crime, the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience, character references, support from employers, and medical needs. Either live or written records may be relied upon and presented to the judge.
Mr. Pflaum gathers all the relevant information about the client and makes a presentation to persuade the judge at the first court hearing, called the arraignment, to release the person from jail without paying any money. This is called a release on the person’s own recognizance, also known as an “O.R.” release.
An “O.R.” release means a judge allows the accused to get out of jail based solely upon his or her promise to show up to future court appearances.
There is no cost for an “O.R.” release. Neither the accused nor their family members have to pay anything to have the accused released from custody. It is literally like having a “get out of jail free card.”
HOW TO GET AN “O.R.” RELEASE
In order to convince a judge to release a person O.R., it is vital to meet with the client in custody to learn about the client’s background and the facts of the case.
Then it is helpful to meet with the client’s family members, employer, and friends to get documentation about the client’s ties to the community, work history, character references, medical records, and other information to present to the judge.
Information can come in many forms. The most common information comes in the form of witness statements, family member statements, employer letters, support from the community, and occasionally support from the alleged victim in the case.
The arraignment for the accused usually comes 2-3 business days after the person is arrested and placed in custody.
GET OUT OF JAIL BY POSTING REDUCED BAIL
Sometimes a person who is arrested will not qualify for an “O.R” release, so the next best thing is to convince the judge at arraignment to reduce the amount of bail.
The deposit of bail is a way the judge can try to be sure that the arrested person, if released from jail, will come back to court for the next court dates.
Mr. Pflaum is a highly skilled legal advocate at presenting information to the judge at arraignment to reduce the bail amount, as a result of which the person in custody or their supporters save money by paying less bail.
HOW THE JUDGE DETERMINES AN “O.R.” RELEASE OR A BAIL REDUCTION
The judge has a lot of discretion to determine whether to release a person “O.R.” or to reduce the bail amount.
The judge must consider the protection of the public, the seriousness of the charged offense, the previous criminal record of the accused, and the probability of the accused appearing at future court dates.
The judge also considers whether anyone was hurt by the person in custody, whether releasing the person would pose a risk to anyone, whether there were guns or weapons involved in the arrest, what quantity and type of drugs were recovered, what the maximum punishment for the crimes could be, and many other factors.
The judge then considers everything positive that the attorney for the accused presents as evidence like work history, school grades and degrees, character letters, family member support, military experience, participation in religious activities, medical history, and much more.
No person ever wants to remain in custody. Every good defense lawyer knows it is best to fight a criminal charge with the client at their side and knows best how to get his client out of jail.
PAY THE FULL AMOUNT OF BAIL
A person or his/her representatives may deposit the full amount of bail by cash or certified check to the jail in order to have the client released from custody.
The full amount of money shall be returned to the depositor generally within 30 days of the criminal case being resolved or dismissed.
PAY A PORTION OF THE FULL BAIL TO A BAIL BOND COMPANY
A person in custody may also utilize the services of a bail bond company to get released from custody.
Bail bond companies charge a certain percentage of the total bail amount as a fee, which is not refundable.
Bail bond companies have their own guidelines for the types of cases in which they will post bail for an inmate, and what types of guarantees or security they will require in order to do so.
Call The Law Offices of David Pflaum for help getting someone released from jail as soon as possible
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