Can you be released on your own recognizance if being charged with felony burglary of inhabited dwelling house: PC 459?

Asked about 1 year ago - Victorville, CA

my boyfriend has a warrant for a PC 459 & hasn't been arraigned yet. He has a record but all the cases have been dismissed. He has never been arrested in San Bernardino county, yet the online case states there is an arrest date, we believe that possibly someone else was arrested & gave his info. I dont know. Anyways we have been told that bail is set pretty high & after contacting a few bail bond places. we can really only afford an attorney (which i feel is more important) or to post bail. We want to fight the case with an attorney but we have been told that he could be arrested when he shows up to court. how likely is it that he could be released on his own recognizance since he has a full time career that he cant afford lose & 5 year old daughter that he provides for. what can we do?

Attorney answers (7)

  1. Joshua Peter Visco

    Pro

    Contributor Level 10

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    Answered . It is possible for your boyfriend to be allowed to remain out of custody on his O/R. Generally in San Bernardino though, someone charged with a violent felony (which 459 with a person present is) would be taken into custody at the arraignment, and bail would be set. The judge is able to make a finding of "unusual circumstances" and lower bail or release him O/R. The best chance you'll have at an O/R at the arraignment will be to hire an attorney to appear at the arraignment, and have him argue for the O/R. If your boyfriend shows up alone, he'll be most definitely be remanded. It's important to note that you don't get a public defender at arraignment. I highly suggest you consult a lawyer as soon as possible, so they they'd have enough time prior to the hearing to put together a good case for lower bail or O/R release. Many lawyers here on Avvo offer free consultations.

  2. David Matthew Piper

    Contributor Level 15

    7

    Lawyers agree

    Answered . Can you? Yes.
    Will you? Who knows....leaning toward probably not.
    Only after reviewing the entire case and talking to the DA can a lawyer tell you what your chances of OR may be.
    Your boyfriend has some hard choices to make ahead of him. Only he can decide what is best.

    I reccomend speaking with an attorney where the case is pending.

    Reliance on any information in this website is at the sole risk of the user and the user understands that he or... more
  3. Vikas Bajaj

    Pro

    Contributor Level 11

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    Answered . Yes. You can be released on your own recognizance. As with all bail arguments pursuant to Penal Code Section 1275, a variety of factors come into play, including, but not limited to, criminal history and connections to the community. It is always best to hire an attorney who will notify the Court and Prosecution that he will show up in court willingly. This will also help him secure favorable bail.

  4. Michael Douglas Shafer

    Contributor Level 20

    4

    Lawyers agree

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    Answered . You can-weirder things have happened.

  5. Gregory Mark Fitzgerald

    Contributor Level 8

    4

    Lawyers agree

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    Answered . Yes, it is entirely possible to be released on OR. Your chances of success increase dramatically with a lawyer.

  6. Brian K Wanerman

    Contributor Level 18

    4

    Lawyers agree

    Answered . Without an attorney, he doesn't stand much of a chance.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more
  7. William James Campbell Jr

    Contributor Level 10

    4

    Lawyers agree

    Answered . It is possible but not likely. You have a better chance if represented by counsel. Chances are that you will have to post bond.

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