How many times can a defendant request a bail hearing in CA? Can you make your public defender call witnesses?

Asked over 1 year ago - Madera, CA

A judge told a defendant he had only one chance and he ruled on that before at the last court proceedings. The town were from is small and its a 4 defendant case and not enough attorneys. I guess.I say this because On the day of the pre-pre lim there was another conflict raised with the attorney the judge appointed. The court date was vacated awaiting the new attorney. Ten court days later new attorney cant make it her stomach hurts and she starts vacation at 5:00(laughter in the court the judge and the attorneys are all close friends. The judge did say that on record. He states no conflict.) So he still has no attorney to represent him just the same atty before who had recused himself hes making a special appearance. No one has taken the bail hearing serious on the defendant side.

Attorney answers (3)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14


    Lawyers agree

    Answered . Bail can be requested at arraignment, reviewed within 5 days, a new motion made at the arraignment on the information for felonies and with two days notice upon a showing of a change in circumstances, before conviction. I cannot tell if bail has been set or not but he may have other opportunities to raise this issue.

    good luck

  2. Amy Katherine Guerra

    Contributor Level 12


    Lawyers agree

    Answered . Bail motions can be heard at the beginning of the case, and later upon a change of circumstances with two days notice. I practice in Madera, too and it does seem as though court staff have great familiarity with each other; while its not always a bad thing (the town is small, familiarity is inevitable) I can imagine its difficult to see everyone laughing about an issue that's so important to a defendant and his/her family. If you're unhappy with your public defender, you may consider hiring your own attorney. If not, the court will eventually appoint a new attorney and you can raise the issue with them. Good luck.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney... more
  3. Michael Carter Lukehart


    Contributor Level 13

    Answered . 1 Bail hearings can be renewed at various times in the action.
    2 What witnesses to call is the attorney's decision.
    3 If someone is dissatisfied with appointed counsel, they can ask the court to relieve that person. The burden is usually on the defendant at that hearing. Other than that, he or she can retain counsel.
    4 In small jurisdictions, everyone in bench & bar get to know each other, and are usually civil. This does not mean that they do not do their jobs.

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