Does DA have a time frame to submit bail enhancement on secondary charge .Primary still pending

Asked 5 months ago - Sonora, CA

Charged with 182(a)(1) ,459,Out on bail in court was remanded for 136.1C on co defendant .Co defendant plead guilty to charges and written affidavit stating i had no prior knowledge of criminal activity.DA still pursues charges.9 months later,One week before trial DA submits for bail enhancement.Is there a time frame that charges should be filed.There has been 4 different DA working on my case.Is that proper procedure.

Attorney answers (4)

  1. Greg Hagopian

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It sounds to me (apparently I'm the only one) like you are saying the DA added an "out on bail enhancement" to add a further potential 2 years to your felony sentence, and NOT that they are trying to raise your actual bail. Such an enhancement is proper when you commit one felony while being out of custody on another felony. There is no specific time frame for filing this enhancement except for the statute of limitations on the underlying crime. In your case that would be more than two years from when it happened. This oftenhappens when multiple prosecutors pass around a file and someone thinks additional charges should be filed. It's a risk you run for not settling early given your situation. Your attorney should have warned you that they might do this.

  2. Jay Scott Finnecy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sounds like the DA is perhaps being malicious, but that's a matter for your attorney to argue. Any change in bail requires a "change in circumstances."

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . There needs to be a change in circumstances since bail was last made. If not then the prosecution cannot ask for an increase in bail. In addition, if your attendance record is perfect then that should be brought up to the court.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Victor Murray Hwang

    Contributor Level 14

    2

    Lawyers agree

    Answered . Unless the da has new evidence of witness intimidation, it's not clear what the basis would be to increase bail. You should be talking about this with your lawyer- I believe the 136 is a strike and this is turning into something more serious than what was originally charged.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Dennis James Dressler

How much do I tell my lawyer?

Start by telling your lawyer what you are charged with and when you are due to appear in court. From that point on I suggest that you let your lawyer ask you questions and you answer those... more

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

20,991 answers this week

2,685 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

20,991 answers this week

2,685 attorneys answering