Attorney's Advice

If you are arrested it is generally advisable to not provide any statements to the police. Statements made by criminal defendants are rarely helpful for a successful conclusion of a client's case. Moreover, law enforcement may not record the complete statement, or the context of the statement. Indeed, once you are arrested you will not be released based on your statements.

If you are a friend or relative of an arrested person do not ask that person about the facts of the case. Anyone could be listening to the arrestee, and the call may even be tape-recorded. Only ask the arrestee the nature of the charges, the amount of the bail, and the date, time and location of the next court appearance. If a public defender has already been assigned this is also important information.

If you are a friend or relative of a criminally accused the following information about the arrestee is important prior to any consultation with a criminal lawyer:

1. Full name and date of birth
2. Booking number and arresting agency
3. The criminal charges, usually Penal Code (P.C.), Health and Safety (H.S.) or Vehicle Code (V.C.) section numbers
4. Prior conviction history
5. Immigration status and if a Legal Permanent Resident how long they have held that status
6. Bail amount
7. Date, time and place of the next court hearing

Police reports cannot be obtained until the initial arraignment of the defendant. Many clients wish to know the attorneys opinions regarding the probable outcome of a case at an initial interview. Providing this advise is fairly impossible without at least reviewing the police report, as this will always be the basis of the prosecution's case.

The amount of bail is initially determined by the nature of the crime and past criminal history of the defendant. Various crimes have different bail schedules. At a bail hearing the court is concerned only with the safety of the public and whether the defendant will return back to court. Obviously, if defendant has been involved in a violent crime, or has committed a number of crimes, it weighs seriously against the defendant.

The court also evaluates the ties of the defendant to the community. Hence, a long time home and business owner with numerous family ties will be considered for a lower bail than a new arrival to the area or a drifter.